Wow DL. What a journey. But looks like you have your ducks in a row. Best of luck that everything goes in your favor.
Both my Landlord and his paralegal are complete idiots. The young lawyer at the Community Legal Clinic asked me who had the file and when I gave him the guy's name, he said "He's not very good". That's the understatement of the year. I don't think he's even read the Residential Tenancy Act.
He does a lot of DUI and speeding tickets, and a little bit of landlord/tenant work, always acting on behalf of the landlord. It's easy money, because the tenants almost never show up, or if they do they have no defense, and the eviction order is given. I never had a case where the tenant ever fought back. This guy knows how to fill out the forms, but he doesn't know the law.
When the agent failed to show the first time, I emailed him that this was not over, and I was not letting this go, just because he dodged the hearing. The ESA inspection was going ahead. There was a gas leak in the apartment downstairs that afternoon after the hearing, and my neighbour was hysterical in the hallway, Then I found out the Fire Marshall had charged and fined him last year for a similar incident.
The agent responded that if I had ever attended a hearing before today, I would have known how strong his case was. Well that's true. I've attended about 50 Hearings and I knew he had no case whatsoever the moment I read the notice.
I have attended a number of Hearings on behalf of family and friends over the years. I have noticed that the Tribunal Adjudicators LOVE IT when Tenants stand up to asshole Landlords. Because it so rarely happens.
But the bald truth is I can't really afford to move. This place was 30% below market rent when I moved in and rents have pretty much doubled since that time. It also has private ensuite laundry which I really need for my dressmaking.
But every small appliance and piece of electronics I own has had to be replaced since I moved here. 3 laptops in 6 years. My Sony Bravia, my iPhone, 5 vaccuum cleaners. 2 printers. Everything has died. At least once. I was starting to think I had a curse placed on me. $10,000 work of small appliances and electronics. I haven't been able to replace everything, and I've had to downgrade considerably in some cases. I now have an RCA big screen I paid $400 for, not a high end Sony with a Klipsch Sound System.
He knew too. He only ever buys used appliances for these units. I asked why we were waiting for a used dryer when new ones were $450. He made up an excuse that the door opens to the left and those dryers are very expensive but that it's more like new appliances only last 3 or 4 years and people notice when new stuff keeps catastrophically failing every couple of years. Whereas if a used appliance fails, well it wasn't new anyway.
One of the Landlord's "obligations" is to maintain the property in a good state of repair, in accordance with local zoning and building by-laws and regulations. Another one is that the appliances are supposed to work properly too.