Warner Place Seniors Residence v Albert

Landlord wins · London · 2023-07-24

Adjudicator

Percy Laryea

Dispute

Damage to Property

Notice

Damage to Property (N5)

Amount

$10-20K

Landlord

W.P.S.R.

Tenant

K.A.

Landlord rep

Barrie Norris, Thomas Schoenleber

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant, or a person permitted by the Tenant causing wilful or negligent damage to the rental unit, including the apartment's main door, bedroom door, storage room door and shelves, cabinet door and handles, walls, smoke and alarm detectors, and LED fixtures. The Landlord served the Tenant with an N5 notice, but the Tenant did not void the notice by repairing the damage or paying the reasonable costs.

The ruling

The tenancy is terminated effective August 4, 2023. The Tenant must pay the Landlord $4,143.96 for the reasonable costs of repairing the damaged property, $7,928.71 for compensation for use of the unit from August 1, 2022 to July 13, 2023, and $22.85 per day for use of the unit from July 14, 2023 until the Tenant vacates. The Tenant must also pay the $186 application fee. If the unit is not vacated by August 4, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement.