ANDRADE v ADEYEMI
Last updated: July 22, 2024
Order
Ordered by Peter Nicholson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: ANDRADE v ADEYEMI, 2023 ONLTB 17518
File Number: LTB-T-074920-22-RV
Timeline
Hearing Date
Jan 2023
Order Date
Jan 25, 2023
Decision
The request to review the order dismissing the Tenants' T5 application is denied. The order is confirmed and remains unchanged.
Dispute
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith, causing them to move out of the rental unit. The Landlord requested a review of the order dismissing the Tenants' T5 application.
Determinations
- No Form N12 notice of termination was served upon the Tenants
- The July 11 Text from the Landlord did not substantially comply with the notice of termination requirements under the Act
- The Landlord did not have an agreement of purchase and sale or an expressed desire to assume possession of the rental unit for the purpose of residential occupation
Landlord's Arguments
Tenant's Arguments
Arguments
The Tenants submit the hearing member erred by overlooking 'the facts of the 'spirit' of the N12 that was there' and the communications of the parties regarding the sale of the property.
Actions and Evidence
The Tenants moved out on the basis of communications from the Landlord that the house will be sold, and the Landlord was just giving the Tenants advance notice.
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