PENTICTON & DISTRICT MANUFACTURED HOME OWNERS ASSOCIATION
P.O. Box 22020, Penticton, BC V2A 8L1
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SHANDROWSKY v OK MHP
Following is the Dispute Resolution decision in the OK MHP in Keremeos between Steve & Jennette Shandrowsky (Tenants) & Kal Gidda & Russell L. Edington (Landlords) on January 7, 2011.
Introduction This hearing dealt with an application by the tenant to cancel a notice to end tenancy for cause and recovery of the filing fees. Both parties participated in the conference call hearing.
Issues to be Decided
Is the tenant entitled to any of the above under the Act.
Summary of Background and Evidence
On November 30, 2010 the landlord served the tenant with a 1 Month Notice to End Tenancy for Cause: the tenant has seriously jeopardized the health or safety or lawful right of another occupant or the landlord; has not done required repairs of damage to the unit/site.
The tenants testified that they are in the process of purchasing the mobile home at site 18 but that the mobile home has not yet been transferred to them and WB remains the current owner. The tenants stated that the electrical work and addition in question were completed approximately 4 years ago by KM who then sold the mobile home to LC who then sold the mobile home to WB the current owner. The tenants stated that the landlord had refused the past 2 months rent and in this hearing requested to have the rent waived, this request was not granted.
The landlord testified that the owner of the mobile home LB, did not notify the park landlord or management prior to listing the mobile home for sale as outlined in the park rules. This notification is required so that the park landlord or management are able to provide the tenant with the information required to proceed with the sale. The landlord stated that the park rules allow for the park owner to require a copy of a home inspection report if the mobile home is offered up for sale to ensure that the mobile meets health and safety standards. The rules also state that any new tenants in the park must be approved by the landlord and management to ensure the current environment for all residents.
The landlord has submitted evidence showing that the Village of Keremeos does not have any records regarding building permits for this mobile home. The landlord stated that a prior owner had added an un-permitted addition to the mobile and had completed unpermitted electrical work on the mobile; the landlord is to provide the tenants with this evidence forthwith.
The tenants are willing to get the required permits to achieve compliance from the Village of Keremeos so that the mobile home can stay in the park. The tenants will also complete any documentation required by the park owner or landlord.
The tenants agreed in this hearing to go to the Village of Keremeos building department by February 11, 2011 to arrange for a compliance inspection and see what, if any work and building permits are required. The tenants agreed in this hearing to have any required building permits issued no later than March 11, 2011.
The landlord has agreed to withdraw the 1 Month Notice to End Tenancy for Cause and allow time as outlined above, so that the tenants may arrange for the building inspection and get the required building permits issued. All parties understand that if compliance is not achieved that the landlord is at liberty to issue a new 1 Month Notice to End Tenancy for Cause.
A settlement was reached between the parties resulting in the landlord withdrawing the 1 Month Notice to End Tenancy for cause and the tenants will take the appropriate steps towards bringing the mobile home up to code as outlined above. Accordingly, the notice to end tenancy is hereby set aside and the tenancy continues in full force and effect.
As the tenants have some success with their application, the tenants are entitled to recovery of 1/2 the $50.00 filing fee.
I therefore allow the tenant's application and set aside the landlord's Notice to End Tenancy for Cause dated November 30, 2010 with the result that the tenancy continues uninterrupted. The tenant may deduct $25.00 from future rent owed to the landlord for recover of the filing fee paid to bring their application.
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