Sebro v Viers

Tenant wins · Peterborough · 2025-08-21

Adjudicator

Dana Wren

Dispute

Damage to Property, Serious Impairment of Safety

Notice

Serious impairment of safety (N7), Wilful damage (N7)

Landlord

T.S., B.J.

Tenant

K.V.

Tenant rep

Tenant Duty Counsel

What happened

The Landlords applied to terminate the tenancy and for compensation for damages after a fire occurred in the rental unit caused by the Tenant's son smoking in the attic. The Landlords alleged serious impairment of safety and wilful damage. The Tenant remained in possession after the fire and returned to the unit after repairs were made.

The ruling

The Landlord's application to terminate the tenancy and for compensation for fire damages is dismissed. The Board ruled that the N7 notice was filed too late to justify an urgent eviction and that the Landlords failed to provide adequate evidence to support the specific dollar amount of the damage claim.