A recent ruling by a British Columbia judge has overturned a controversial decision that ordered tenants to pay $18,000 for damages caused by leaks in their rental unit.
The case involved a couple who had been renting a unit in a Vancouver building since 2017. In 2019, the building’s strata council filed a claim against the tenants, alleging that they were responsible for damages caused by leaks in their unit. The council argued that the tenants had failed to properly maintain the unit, resulting in water damage to the unit below.
In response, the tenants argued that the leaks were due to faulty construction and that they had reported the issue to their landlord multiple times. They also pointed out that the building was only six years old and should not have had such significant issues.
Despite this, the strata council obtained an order from the B.C. Civil Resolution Tribunal (CRT) in 2020, requiring the tenants to pay $18,000 for the damages. The tenants appealed the decision to the B.C. Supreme Court.
In his ruling, Justice Christopher Grauer stated that the CRT’s decision was “patently unreasonable” and that the tenants were not responsible for the damages. He noted that the tenants had reported the leaks to their landlord and had taken reasonable steps to address the issue.
Furthermore, Justice Grauer pointed out that the strata council had not provided any evidence to support their claim that the tenants were responsible for the damages. He also noted that the council had failed to properly maintain the building, which could have contributed to the leaks.
The ruling has been welcomed by tenant advocacy groups, who have expressed concern over the increasing trend of strata councils holding tenants responsible for damages in rental units. They argue that this places an unfair burden on tenants and can lead to financial hardship.
This case serves as a reminder that landlords and strata councils have a responsibility to properly maintain their buildings and address any issues that arise. Tenants should not be held accountable for damages that are beyond their control.
The tenants in this case have been vindicated by the B.C. Supreme Court’s ruling, and it is hoped that this decision will set a precedent for future cases involving similar issues.
