Mpania v. Yassa
Roger Mpania
Law Firm / Organization
Self Represented
Usama Yassa
Law Firm / Organization
Unrepresented
Shirin Yassa
Law Firm / Organization
Unrepresented

Background Facts: Roger Mpania signed a residential lease in March 2022. Water damage occurred in November 2022, leading to repairs. Mpania withheld rent for December 2022 and January 2023, claiming interference from the repairs. He applied to the Residential Tenancy Branch for a rent reduction, while landlords Usama and Shirin Yassa cross-applied for possession.

Legal Issues: The main issues were whether Mpania was justified in withholding rent and if the landlords took reasonable steps to mitigate their losses as required by the Residential Tenancy Act.

Procedural History: In April 2023, the Residential Tenancy Branch ruled in favor of the landlords, granting possession and a monetary order. Mpania’s review application upheld this decision, and he moved out on April 30, 2023. Both parties brought additional claims, with Mpania seeking compensation for loss of quiet enjoyment, which was denied. The landlords claimed lost rental income and other costs, leading to an award of $1,743.

Arbitration and Judicial Review: In January 2024, the arbitrator awarded the landlords $1,743 for lost rent for May 2023, a professional cleaning invoice, and a filing fee. Justice Caldwell found the arbitrator’s decision reasonable, rejecting Mpania’s judicial review petition.

Appeal: Mpania filed an appeal on May 7, 2024, and requested an extension of time to file necessary documents. The court dismissed the application, finding no merit in the appeal and deeming it not in the interests of justice to grant the extension.

Outcome: The appeal was dismissed as abandoned, and the landlords were awarded $1,743.

Court of Appeals for British Columbia
CA49817
Real estate
$ 1,743
Respondent