Background: Sophie Leung and William Lien purchased a home that was rented to Akm Matiul Alam, also known as Matiul Alam or Akm Alam. The sellers gave Mr. Alam a notice to end tenancy. Mr. Alam contested this notice, leading to several decisions by the Residential Tenancy Branch (RTB) and court orders. The petitioners moved into the property after Mr. Alam vacated it and later rented it to a new tenant.

Legal Arguments/Issues: In the Merits Decision, Arbitrator Wang awarded Mr. Alam $43,300, finding that the petitioners did not occupy the property as required by the Residential Tenancy Act (RTA). The petitioners argued that the RTB hearings were procedurally unfair, citing issues with late evidence and language barriers. In the Review Decision, Arbitrator Grande denied the petitioners’ application for reconsideration, claiming that the evidence was not new or relevant.

Judgment: The court found that the RTB decisions were procedurally unfair and patently unreasonable. The Merits Decision was set aside due to insufficient evidence and procedural errors. Similarly, the Review Decision was set aside for failing to properly consider new, relevant evidence. Both RTB decisions were remitted for a new hearing.

Outcome: The court set aside both RTB decisions and ordered a new hearing. There was no order for costs. The initial award in favor of Mr. Alam was $43,300, which was contested and led to the judgment for a new hearing.