Tenants Win: 2721045 Ontario Inc. v Hickson 2024 LTB Case
Landlord's eviction attempt dismissed due to invalid notices and unproven tenant compensation
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 360 Nelson St, Kingston, ON K7K4N1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Feb 2024
Order Date
Apr 15, 2024
Dispute Summary
Landlord applied to terminate tenancy and evict tenants due to alleged wilful/negligent damage and requirement for major repairs or renovations. Application was dismissed due to procedural issues with notices.
Determinations
- N5 notice invalid due to incorrect termination date
- N13 notice compensation not proven
- Landlord did not meet burden of proof
Case Study
Landlord failed to meet legal requirements for N5 and N13 notices, specifically around termination dates and tenant compensation.
Arguments and Actions
Landlord
Actions
Claimed another individual paid compensation but could not provide details
Procedural Errors
Invalid N5 and N13 notices, failure to prove compensation
Tenant
Arguments
Contested receiving compensation for proposed renovations
Decision Summary
Landlord's application dismissed due to invalid notices and failure to prove tenant compensation for proposed renovations.
Reason for Eviction Relief
Invalid notices and lack of proof of compensation
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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