Landlord's N12 Application Dismissed: Atkins-Nuzum v Fox and York

Dispute Summary

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation.

Determinations

• The Landlord's N12 Notice of Termination stated the terminated date for the tenancy was February 28, 2021.
• The Tenant said that he received the obligatory one month's rent compensation a few weeks ago.
• The Landlord admits that the one month's rent compensation required pursuant to section 48.1 of the Residential Tenancies Act, 2006 (the 'Act') was paid after February 28, 2021.
• Pursuant to section 55.1 of the Act, the Landlord was required to pay the one month's rent compensation before February 28, 2021.
• Since the Landlord has contravened section 55.1 of the Act, the Landlord's application will be dismissed.

Arguments and Actions