Background:
Laura Dowling, a landlord, sought judicial review to overturn two decisions by the Residential Tenancy Branch (RTB): the Merits Decision (October 2023) and the Review Decision (October 2024). These decisions awarded $17,700 (12 months’ rent) to Tamara Heitner, her former tenant, under sections 49 and 51 of the Residential Tenancy Act (RTA). The dispute arose after Heitner was issued a two-month notice to vacate for Dowling’s personal use of the property, which required renovations.

Legal Issues:

1. Was the RTB’s decision patently unreasonable regarding whether Dowling met the requirements under section 51(3) of the RTA?
2. Were there extenuating circumstances justifying the renovation delays?
3. Was the RTB process procedurally fair?

Court Findings:
The court held the Merits Decision patently unreasonable due to misapprehension of key evidence, including the scope and cost of renovations ($30,775.47) and delays caused by external factors. The Review Decision also failed to address these errors. The court found the hearing procedurally fair but determined that Dowling acted in good faith and met the statutory requirements.

Remedy:
The court set aside both RTB decisions and excused Dowling from paying the $17,700 award. Each party bore their own costs, as the RTB’s errors caused the dispute.

Total Award:
No monetary award was issued, and the $17,700 decision in favor of Heitner was overturned.