A tenant in Corrimal has successfully appealed an eviction order that stemmed from a dispute over a rusty stove. Ronald Archibald, who had lived in the apartment for 11 years, was ordered to vacate in May by the Civil and Administrative Tribunal. The original ruling terminated his tenancy immediately and required him to pay $48.57 per day until he gave vacant possession.
Archibald challenged the eviction, claiming it was retaliatory after he raised concerns about the stove in October 2024. He argued that the landlord, Cherry Agustin, issued the notice of termination shortly after he requested repairs. The landlord denied retaliation, stating the goal was to make the unit safe and liveable, and noted that Archibald had been offered another rental unit but declined.
In the original hearing, Archibald was told his retaliatory claim had to be lodged separately, so it was not considered. The appeal ruling found this denied him procedural fairness. The decision stated that the tribunal's failure to hear the retaliatory allegation as a defence “has resulted in a lost opportunity for the tenant to present legal arguments and evidence, that may have resulted in a different outcome.”
The appeal noted that Archibald had sought repairs, which the landlord refused, claiming the damage was caused by the tenant. The notice of termination was issued within weeks of the dispute arising, giving Archibald an arguable defence due to the close proximity to the repair request. The court upheld the appeal and sent the case back for a new hearing.
