Background: Sasan Momeni and Ailin Arsham (landlords) appealed against a judicial review decision involving their former tenants, Michale Percy and Kimberley Newman. The dispute centered on a Notice to End Tenancy served by the landlords, which the tenants contested. The tenants sought monetary compensation, claiming they were evicted under an invalid notice.

Arbitrator Selbee’s Decision: The landlords issued a One-Month Notice to End Tenancy, citing two grounds: the tenants had changed the locks without permission and had repeatedly denied the landlords access to the rental unit. Arbitrator Selbee found that the tenants had indeed changed the locks and unreasonably denied access on multiple occasions. Consequently, the arbitrator upheld the notice and granted the landlords an order of possession.

Judicial Review Decision: The tenants challenged Arbitrator Selbee’s decision in a judicial review. The chambers judge upheld the finding regarding the lock change but ruled that the arbitrator had erred in not considering other factors, such as previous orders, when assessing the denial of access. The judge sent the case back for reconsideration on this ground.

Court of Appeal Ruling: The Court of Appeal found that the chambers judge erred by not treating the lock change as a sufficient independent basis for eviction. It ruled that the arbitrator’s decision was not patently unreasonable and dismissed the judicial review. Each party was ordered to bear their own costs due to procedural issues. Financial terms were not specified.