Bhajan v Watts: Personal Use Eviction Case Dismissed as Moot - Scarborough, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 914 Kennedy Road, Scarborough, ON M1K2E8
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2021
Hearing Date
Oct 2021
Order Date
Feb 17, 2022
Dispute Summary
Landlord applied to terminate tenancy and evict Tenants, claiming the rental unit was required for residential occupation by Landlord's parent who would provide care services. Tenants vacated the unit after the termination date, rendering the application moot.
Determinations
- Application dismissed as moot
- Landlord sent N12 Notice on 2021-07-08
- Request for compensation denied
- Tenants did not move out by termination date
- Tenants vacated rental unit on 2021-10-05
- Termination date in N12 notice was 2021-09-30
Case Study
The Landlord's application was dismissed as moot because the Tenants had already vacated the rental unit. The Board did not make a determination on the validity of the N12 notice or the Landlord's claim for compensation, as the full merits of the application were not heard.
Arguments and Actions
Landlord
Arguments
Landlord requested daily compensation for use of the rental unit up to October 4, 2021.
Actions
Landlord sent an N12 Notice to End the Tenancy on July 8, 2021, claiming the unit was required for residential occupation by a parent who would provide care services.
Tenant
Actions
Tenants did not move out by the termination date set in the N12 notice (September 30, 2021) but vacated the rental unit on October 5, 2021.
Decision Summary
The tenancy was terminated effective October 5, 2021, when the Tenants moved out. The Landlord's application was dismissed as moot, and the request for compensation was denied as the full merits of the application were not heard.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
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