WHYTE v BERZINS

Landlord wins · Hamilton · 2025-04-29

Adjudicator

Frank Ebner

Dispute

Damage to Property, Substantial Interference

Notice

Notice of Termination (N7)

Amount

<$5K

Landlord

R.W.

Tenant

E.B., C.M.

Landlord rep

Varun Bhardwaj

What happened

The Landlord applied for eviction and termination of tenancy based on allegations of willful damage, safety impairment, and substantial interference. The Landlord provided evidence of 35 instances of water leaking from the attic unit into units below, which plumbers determined was caused by foreign objects like a candle and a rubber tube intentionally placed in the plumbing fixtures. The Tenants denied the allegations, attributing noise to being a young family in an old house and denying responsibility for the leaks.

The ruling

The tenancy is terminated effective May 4, 2025. The Tenants are ordered to vacate the unit and pay the Landlord $186.00 for the application fee. The adjudicator granted an expedited eviction due to the severity of willful damage caused by 35 separate flooding incidents resulting from plumbing misuse.