Published 11 December 2018
Appeal from Tenancy Tribunal — alleged bias by Adjudicator — 90 day notice. The appellant brought an appeal against a Tenancy Tribunal decision alleging that the Adjudicator was prejudiced and biased in his decision. At issue were cross applications by the parties. The applicant was challenging the 90 day notice of termination as retaliatory and sought a refund of $1,320 as an overpayment of the bond, in addition to other expenses. The landlord sought a possession order for the property, rent arrears and compensation. The tenant succeeded in his claim for a refund of his bond, but the Adjudicator found that the 90 day notice was not retaliatory, especially given the landlord was motivated by complaints from other tenants. The Judge read the transcript of the proceeding and found the decision reached by the Adjudicator was within the jurisdiction and did not show bias. The Judge noted the Adjudicator had heard the witnesses and was in the best position to assess them. The landlord's additional claims of damages for disturbance caused by the tenant failed, just as the tenant's claims failed for issues with the property. The Judge dismissed the appeal. Judgment Date: 28 March 2018.
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