Giles v Jackson

Tenant wins · London · 2025-08-06

Adjudicator

Dawn Carr

Dispute

Damage to Property

Landlord

H.G.

Tenant

R.J., A.H.

What happened

The Landlord applied for an order requiring the Former Tenants to pay for reasonable out-of-pocket costs to repair or replace undue damage to the property. The Landlord alleged that the damage was caused wilfully or negligently by the Former Tenants or someone they permitted in the residential complex. The central issue became the timing of the application relative to when the tenants vacated the unit.

The ruling

The application was dismissed. The Board found that the Landlord's claim for damages was filed more than one year after the Former Tenants had vacated the rental unit. As the one-year limitation period under the Residential Tenancies Act, 2006 is mandatory, the Board lacked jurisdiction to hear the case.