A B.C. landlord was prevented from ousting their tenant over an accidental fire, according to dispute resolution documentation.
In 2024, the landlord applied for an order of possession with the Residential Tenancy Branch (RTB), and the tenants applied to cancel the notice to end the tenancy.
The tenants also applied for monetary compensation, rent reduction, facilities, services and an order directing the landlord to comply with the Residential Tenancy Act (RTA). However, the arbitrator dismissed these additional claims as they were unrelated to the "main section" - to cancel the one-month notice.
The tenancy commenced in December 2020 in an apartment building with 56 units. The tenants accidentally caused a small fire in the rental unit at just after midnight on May 17, 2024.. Firefighters successfully put out the fire without damage to neighbouring units.
The fire department determined that a lit candle caused the fire. The tenants admitted they lit the candle and that it caused the fire. The fire department also sent photos of clutter in the unit. During the hearing, the tenants said they had started to declutter the unit by hiring a housekeeper.
Landlord serves the tenant with a notice to the tenancy for cause
On May 23, 2024, the landlord served the tenants with a notice to end tenancy for cause, noting that the "tenants have significantly interfered with or unreasonably disturbed another occupant or the landlord, have seriously jeopardized the health and safety and a lawful right or interest of another occupant or the Landlord and have put the Landlord’s property at significant risk."
The landlord said other tenants expressed fear that a similar incident could occur in the future.
In their four-year tenancy, the tenants were only been issued one warning letter about letting their pets roam freely in the property's common areas.
The arbitrator ruled on July 29, 2024, that the fire was a "one-time incident" and the tenants were cognizant of the clutter and were taking steps to clean it. Also, the tenant hadn't had significant issues throughout their tenancy, with only one letter for the pet incident.
"I find that now the tenants have been put on notice regarding their role in the fire and have been given an opportunity to correct this behaviour of lighting candles and allowing them to burn, unsupervised. I therefore allow the tenants’ application and set aside the Landlord’s notice to end tenancy dated May 23, 2024," the arbitrator wrote in the ruling.
The arbitrator advised the tenants not to provide the landlord and other renters with another reason to complain about their "indoor use of candles."
Since the landlord did not prove her case, the tenants were permitted to retrieve their $100 filing fee by reducing their future rent by that amount for one month.
