A judge has overturned an arbitrator’s decision that awarded a tenant $25,000, after the landlord argued her son had in fact moved into the rental suite following the tenant’s eviction.

Under B.C.’s Residential Tenancy Act, a landlord is permitted to evict a tenant if they or a family member plan to live in the property.

If the landlord or family fails to move in within a reasonable amount of time and don’t live there for at least 12 months, they must pay the evicted tenant the equivalent of 12 months’ worth of rent.

In a Nov. 14 Supreme Court of B.C. decision , Judge Wendy Baker detailed how the original residential tenancy branch decision came to be.

In January of this year, landlord Feng Ying Yu gave tenant Amber Carreiro a notice to end tenancy effective May 31, as her son would

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