On September 29, 2023, BC tenant Saeed Mohammadi was awarded $57,700 in compensation costs thanks to a decision from a BC Residential Tenancy Branch (RTB) arbitrator against his landlord Siavash Dehpour. Mohammadi won his case even though he hadn’t paid rent for months.
However, nearly two years later, a judicial review of the decision, a BC Supreme Court Justice Judith Hoffman completely overturned this ruling, ordering Mohammadi to pay legal costs for his landlord plus special damages in the amount of $3,500. But how come?
The landlord and tenant entered into a fixed rental agreement in 2021, with the term ending on March 31, 2023 so Dehpour could renovate the premises and allow his family to move back in, the decision noted. In October of 2022, Mohammadi stopped paying rent up, resulting in the Dehpour issuing a 10-day eviction notice to terminate the tenancy due to unpaid rent on March 2, 2023.
Hoffman’s decision notes how Mohammadi did not dispute the notice, allowing the landlord to take possession of the property on March 13, 2023. But the parties allegedly came to an agreement, allowing the tenant to stay until the end of March, but the details of the amount of rent owed were disputed.
Immediately following the termination of the tenancy was when things began to really heat up between the two parties.
The dispute and unfair hearing
Shortly after moving out, Mohammadi filed a tenancy dispute alleging that the landlord violated the terms of their lease. As the landlord and their family weren’t moving back in — nor was the property being renovated — he claimed he was unfairly evicted.
CTV News found that online records indicated the property in question was sold in May 2023.
Mohammadi sent notice of the hearing to Dehpour at an improper address, one that didn’t match the landlord’s address on the tenancy agreement or the eviction notice. A hearing took place in September of 2023 without Dehpour present. CTV reported that emails sent to the RTB from Mohammadi alleged that the landlord "purposely did not collect the notice.”
But, upon review of the hearing, Justice Hoffman called the hearing “procedurally unfair” in her decision, and didn’t mince her words regarding the tenant’s improper actions.
“The tenant deliberately failed to take the proper steps to serve the landlord because it was in his interest for the landlord to be absent from the hearing,” the judge stated, adding, “This judicial review would likely have been avoided if the landlord had been given the right to be heard and proper disclosure had been made allowing the arbitrator to fairly determine whether the tenant was entitled to compensation.”
The landlord and tenant laws at play
The case is admittedly complex, but there are a number of key laws at play that landlords and tenants in British Columia should be aware of.
For one, under Section 51.1 of the Residential Tenancy Act (RTA), there are provisions that affect fixed-term agreements akin to what Dehpour and Mohammadi entered into. Under that part of the RTA and applicable regulations, if a fixed-term agreement has a requirement for the tenant to leave at the end of the term, it must be due to a close family member (or the landlord) moving into the premises, subject to certain conditions. If this condition isn’t met, then the tenant can claim 12-months’ rent, which Mohammadi did in this case.
Other key laws that were critical in this case were Section 88 and 89 of the RTA, which outline how notice to landlords are to be given generally and in regards to disputes. Nowhere does it state that dispute resolution notices can be given via email. Instead, they must be given in person, with an agent of the landlord or via registered mail.
How you can avoid a landlord-tenant dispute
A nearly two-year legal battle can make anyone seem wary of becoming a landlord or a tenant. But, there are a number of ways renters and landlords can avoid disputes.
- Keep everything in writing. Verbal agreements don’t hold water when it comes to tenancy issues. Make sure everything is in writing before you agree to it.
- Communicate fairly. Don’t try to hide information or send documents to an address you know your landlord/tenant doesn’t live at anymore. Keep all your communications above board.
- Talk about issues early. If you have an issue with your landlord or tenant, don’t sit on it. Discuss it immediately so you can find a resolution quickly.
What you can do if you are in a dispute
If you are in a tenancy dispute, things don’t need to be as complicated as this case. Here are some tips to help deal with the issue without needing to go through costly legal proceedings.
- Educate yourself. Before you take serious steps, make sure to educate yourself first. If you’re a landlord, Landlord BC provides help and resources. Tenants can access the Tenant Resource and Advisory Centre for help as well.
- Start with meditation. If either party can’t resolve the issue between themselves, start with a neutral third-party to help guide the conversation. This could be a friend or family member that both parties are comfortable with or an advocate from a landlord/tenant organization.
- Apply for formal dispute resolution. If mediations don’t yield success, your last step is to file a formal complaint with the Residential Tenancy Branch. Make sure you clearly document all evidence you have of the issue and be prepared.
While this tenancy dispute started off in favor of the non-paying tenant, the final decision shows that communications between landlords and tenants need to be honest and open — otherwise there will be a price to pay.
Sources
1. Supreme Court of British Columbia: Dehpour v. Mohammadi (Sep 11, 2025)
2. CTV News: B.C. judge quashes $57K award for tenant who ‘deliberately’ didn’t serve landlord notice properly, by Andrew Weichel (Sep 17, 2025)
3. British Columbia: Residential Tenancy Act
4. Landlord BC
5. Tenant Resource and Advisory Centre
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.