B.C. homebuyer awarded more than $5K after seller failed to evict basement suite tenant
The corporate seller of a B.C. home has been ordered to pay the buyer more than $5,000 for failing to evict a tenant who refused to leave.
Buyer Ahmed Ali took seller SL Trading Ltd. to the province's Civil Resolution Tribunal, alleging that the company had failed to meet its obligations under the contract of purchase and sale (CPS).
In a decision issued Monday, CRT member Peter Mennie found that Ali had proven his allegations on the balance of probabilities, ordering SL Trading to pay him a total of $5,448.14 in damages, interest and CRT fees.
BASEMENT TENANT REFUSED TO LEAVE
Mennie's decision does not specify where in B.C. the property is located. It does, however, indicate that Ali and SL Trading entered the CPS on April 13, 2021, and amended it on April 30 of that year to reflect a $5,000 reduction in the purchase price and SL Trading's agreement to "repair the property’s deck, boiler, and fireplace." The total purchase price is not specified in the decision.
Relevant sections of the CPS reproduced in Mennie's decision included that Ali would receive "vacant possession" of the home on Aug. 31, 2021, that SL Trading would ensure all appliances – including four stoves, four fridges, two washers and two dryers – would be in working order on that date, that SL Trading would remove all garbage from inside and outside the property, and that it would give eviction notices to the property's tenants.
SL Trading told the CRT that it served the tenants with notice on May 23, 2021, advising them to vacate the property by Aug. 15. The company said it did not receive any dispute notice from the basement tenant – who is unnamed in the decision – and believed that person would move out.
Undisputedly, the basement tenant did not move out. The day after he took possession, Ali began the process of evicting the tenant through the provincial Residential Tenancy Branch, a process that concluded on Nov. 30, 2021, according to the decision.
While SL Trading argued that Ali had assumed the tenancy when he purchased the home, Mennie disagreed.
"The emails in evidence make it clear that Mr. Ali and his realtor asked SL Trading multiple times to confirm that the basement tenant would leave before the possession date," Mennie's decision reads.
"When this did not happen, Mr. Ali’s lawyer informed SL Trading that Mr. Ali would complete the purchase under protest and without prejudice to his ability to sue for damages. Mr. Ali did not agree to assume the tenancy or waive his right under the CPS to vacant possession of the property."
Ali claimed $2,229.59 in costs associated with hiring a lawyer and going through the RTB process. Mennie found these costs had been proven and awarded them to Ali as compensation.
The tribunal member declined to award Ali the $4,225 he claimed for his own time associated with the RTB application – a figure calculated as $100 per hour for 42.25 hours.
"Mr. Ali has provided a breakdown of his time but has not explained why $100 is an appropriate hourly rate," the decision reads. "While I accept that the RTB matter was inconvenient to Mr. Ali, time spent dealing with such inconveniences is not compensable."
GARBAGE AND APPLIANCE ISSUES
Once he had successfully ejected the basement tenant from the property, Ali discovered that the washing machine and refrigerator used by the tenant were not working, and the stove was missing, according to the CRT decision.
SL Trading argued that these issues were the responsibility of the evicted tenant, but Mennie again disagreed, noting that there was a specific clause in the CPS that required the company to provide working appliances at the time Ali took possession.
Ali provided the tribunal with an invoice showing he paid $1,750 to purchase "a used stove, fridge, and washing machine" for the unit, and Mennie awarded him this amount in damages.
Similarly, Ali claimed $1,380 for the cost of removing "a large amount of garbage left behind the house, under the deck, and in the basement suite."
While SL Trading argued that Ali had viewed the property before entering the purchase agreement and agreed to purchase it "as is," Mennie found that photographs provided by Ali clearly showed the company had not adhered to the clause in the CPS requiring it to remove all garbage before Ali took possession.
The tribunal member awarded Ali the $1,380 he claimed, bringing the total amount of damages he had proven to $5,539.59. Because the CRT's small claims jurisdiction limits awards to $5,000 or less, Mennie reduced the amount to $5,000.
That limit doesn't apply to interest or reimbursement of CRT application fees, however. With $273.14 in interest and $175 in fees, the total amount SL Trading must pay Ali within 30 days of the decision is $5,448.14.
CTVNews.ca Top Stories
More than half of Canadians say freedom of speech is under threat, new poll suggests
A new poll suggests a majority of Canadians feel their right to freedom of speech is in danger.
NEW Kim Kardashian brand kids' sleepwear and more: Here are some recalls to watch out for
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.
Maple Leafs down Bruins 2-1 to force Game 7
William Nylander scored twice and Joseph Woll made 22 saves as the Toronto Maple Leafs downed the Boston Bruins 2-1 on Thursday to force Game 7 in their first-round series.
Is your password 123456? Here's why you should make it stronger
With the sheer number of passwords needed today, it may come as no surprise that over 60 per cent of Canadians feel overwhelmed, and over a third reportedly forget their passwords monthly.
Three Quebec men from same family father hundreds of children
Three men in Quebec from the same family have fathered more than 600 children.
China sends a probe to get samples from the less-explored far side of the moon
China on Friday launched a lunar probe to land on the far side of the moon and return with samples that could provide insights into differences between the less-explored region and the better-known near side.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Jurors in Trump hush money trial hear recording of pivotal call on plan to buy affair story
Jurors in the hush money trial of Donald Trump heard a recording Thursday of him discussing with his then-lawyer and personal fixer a plan to purchase the silence of a Playboy model who has said she had an affair with the former president.
OPP's mandatory alcohol screening during traffic stops 'not acceptable': CCLA
A spike in impaired driving-related collisions has caused Ontario’s provincial police to begin enforcing mandatory alcohol screening (MAS) at all traffic stops in the Greater Toronto Area -- a move one civil rights group says is ‘not acceptable.’