Robert v Robert
Tenant wins · St Eugene · 2025-05-16
- Adjudicator
- Paula West Oreskovich
- Dispute
- Renovation, Major Repairs
- Notice
- Demolition (N13)
- Landlord
- R.R.
- Tenant
- Y.R.
- Tenant rep
- Ashley Villeneuve
What happened
The Landlord applied to evict the Tenant to demolish the rental unit (a 'back house'). The Tenant's legal representative requested an adjournment, which was denied. The Board found the Landlord had failed to pay the mandatory one-month's rent compensation required for an N13 notice for demolition. The Landlord incorrectly argued they were exempt because demolition was ordered by the municipality; however, the municipal order only required cessation of occupancy, not demolition. The Landlord had applied for the demolition permit themselves. Due to the failure to pay compensation, the Landlord's application was dismissed.
The ruling
The Landlord's application to evict the Tenant for the purpose of demolition is dismissed. The Board found that the Landlord failed to pay the required one month's rent compensation to the Tenant by the termination date, a mandatory requirement under the Act for such an application. The Landlord's claim of exemption was rejected.