Landlord Wins Personal Use Case: Banning v Crook 2022
Landlord Wins Personal Use Case, But Eviction Delayed
Summarized by RentZenLast updated: July 22, 2024
Case Summary
35 Harwood Drive, Barrie, ON L4N7B9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Jan 24, 2022
Tenancy End Date
Mar 2022
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 for himself and his daughter.
Determinations
- Eviction delayed to March 31, 2022 under s.83
- Landlord met 60-day notice requirement
- Landlord met declaration requirement
- Landlord provided one month's rent abatement
- Landlord served valid N12 notice
- Landlord's good faith intent to occupy established
Case Study
The Landlord has met the requirements for terminating the tenancy under the N12 notice, including the 60-day notice period and the declaration of intent to occupy the unit. The Landlord's good faith intent to occupy the unit for personal use was established through the testimony of the Landlord's daughter. However, the Board exercised its discretion under section 83 of the Act to delay the eviction to March 31, 2022 to give the Tenants more time to find alternative housing.
Arguments and Actions
Tenant
Arguments
Tenants challenged the Landlord's professed intent, alleging the N12 notice was served to evict them due to a deteriorating tenancy relationship and a desire to secure a higher rent.
Actions
Tenants commenced moving some of their items into storage and selling other items in preparation for a move after receiving the N12 notice.
Decision Summary
The tenancy is terminated effective March 31, 2022. The Tenants must vacate the rental unit by that date. If the unit is not vacated, the Landlord may file the order with the Court Enforcement Office to enforce the eviction on or after April 1, 2022.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$2,000
Source
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