“Two other lot owners have witnessed the previous rental tenants of the requesting lot, causing the damage.”
So what was the time frame from when damage was allegedly done and the other lot owners reporting it?
If the landlord isn’t there and wouldn’t have reasonably noticed it then surely it is incumbent on other owners to report it to the OC for remediation and prevention of further anti-social behaviour?
Also, if the tenancy is managed by an REA shouldn’t they have done a proper condition report at the end of the previous tenancy and again at the commencement of the new tenancy?
If there was no reporting by the other owners when they witnessed the damage being done then it might be argued that the OC should bear the cost of the repairs.
Whatever the outcome it would be an appropriate time to remind all residents (owners and tenants) that if they witness damage being committed it must immediately be reported to the OC and if necessary to the police.