"Don't touch me": Acting BC landlord accused of assault in tense case

A BC Civil Resolution Tribunal claim by an acting BC landlord backfired on him after the tenants filed a counterclaim and won.

Joshua Sung, Iman Wamboi Hassan, and Robyn Sanderson were the recipients of a legal claim by the acting BC landlord, John Arthur, claiming that the roommates breached the rental agreement.

Arthur rented a five-bedroom house from the actual landlord and rented out four of the bedrooms to others, including the three respondents, under individual “homestay contracts,” making him the acting landlord in this dispute.

The roommates filed a counterclaim, with Sung and Sanderson claiming a different amount of compensation based on several accusations that the acting landlord breached the agreement.

Arthur claimed over $5,000 in damages, including lost rent, time spent replacing the respondents, one of the tenants allegedly creating a fire risk, and punitive damages. He also asked for $600 because a tenant allowed a guest to stay with her.

Meanwhile, each roommate involved in the case had a different amount they claimed for various expenses related to the publicly posted dispute.

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A tense living situation

The agreements in question in this dispute were in place between July 2022 and August 2023.

Sung paid $880 per month, and Hassan and Sanderson paid $850 and $750 respectively. Each contract required each tenant to contribute $200 extra per month for shared household expenses. The agreements had a clause allowing the tenants to move out with one full calendar month’s notice for “reasonable cause,” including what the tribunal decision calls “major life events.”

SS, a roommate who wasn’t involved in the dispute, moved out in October 2022. A statement from them in evidence said that shortly after they moved into the home in September 2022, they began feeling “uncomfortable in Mr. Arthur’s presence.”

When SS was in the process of moving out, a bit of an altercation took place. An audio recording was submitted to the tribunal.

Arthur asked SS if they would pay the following month’s rent, but SS didn’t answer. Arthur suggested the two have a conversation, which SS declined. Arthur said he would escort SS out of the house, and SS responded, “Don’t touch me, don’t (expletive) touch me, John!”

“In their statement, SS said, ‘Mr. Arthur swiftly and aggressively’ approached them, grabbed the bag on their shoulder, and pulled them towards him. They said he stopped when they told him not to touch them and speculated this was because there were other people in the house,” the tribunal decision reads.

After SS informed the roommates of what had happened, Sung decided to move out of concern for his physical and mental well-being. He asked Hassan and Sanderson if they wanted to find a new place with him. They also decided to look for alternative accommodation in November 2022.

The respondents kept their plans hidden from Arthur, fearing his reaction. They gave notice on December 1, 2022, when they all moved out.

It is undisputed that after they moved out, Arthur locked them out of the house despite them having prepaid for the last month.

Based on the evidence submitted, the tribunal found that the respondents’ concern for their well-being was reasonable. Additionally, the tribunal dismissed all of Arthur’s claims.

The tenant’s claims

Sung felt he was entitled to reimbursement for last month’s rent since he had paid $800 for it and then had been locked out of the home.

Sanderson claimed $750 for the same reason but had additional claims that clearly outlined the tenants’ tense living situation.

Sanderson said that Arthur behaved inappropriately at times. One incident occurred on December 1, 2022, when Sanderson was moving out. She told the tribunal that Hassan went outside to throw away some garbage, and Arthur locked the door behind her, “citing house rules about removing outdoor shoes and entering by the front door.”

Sanderson watched it happen and attempted to reach across Arthur to unlock the door. Sanderson said Arthur “puts hands on my shoulders and [shoved] me.”

A witness statement said that Sanderson tried to step around Arthur to unlock the door, insisting he let Hassan in, but Arthur blocked her with his body. When Sanderson tried to get around Arthur, he “began to push (Miss Sanderson) away from the door.”

The tribunal decision said he pushed her three times with increasing force, causing her to lose her balance.

Arthur told the tribunal, “It is possible my hands then brushed her shoulders to steady myself, as I was poised precariously over knee-high trash bins at my heels.”

The tribunal awarded Sanderson $500 for this incident.

Arthur also had to pay $120 for leaving a piece of art at a “local little free library” that belonged to Sanderson that she hadn’t yet collected.

In total, Arthur was ordered to pay Sung $924.62 and Sanderson $1,500.05 in damages.