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  • Writer's pictureJohn McDonald

Winning Wednesday - The Perils of not following the Residential Tenancies Act

So today's hearing was a combination of claims, a landlord's claim for damages in excess of $10,000.00 and a Tenants counterclaim for return of a security deposit, and and unlawful rent increase.

The landlord was found to have breached s.19, and s.46 of the Act for not having completed inspection reports, and for failing to return the Security Deposit as a result of failing to complete inspection reports. and s.3 of the Ministerial Regulation for increasing rent twice in a 365 period. He was ordered to pay the sum of $2,280.00 to the tenants.

On the other side of the claim the tenants were found liable for some damage beyond wear and tear, and were ordered to pay the sum of $827.00 to landlord.

Once the sums were offset against each other it results in a net judgment in the tenant's favour in the sum of $1,453.00

At the end of the day, the landlord was unable to prove many of the damages for which he claimed, some because they were considered wear and tear, some because there was not damages, and others were far to remote to be have been caused by the Tenant. In his oral reasons the Tenancy Dispute Officer emphasized the requirement to follow s.19 of the Act as it makes the landlord's job alot harder.

20231011(-) RTDRS Order
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