Landlord's Eviction Attempt Dismissed: Botham v Forth Case
Landlord's eviction attempt dismissed due to defective N7 notice
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 4 Duncan Street E, Huntsville, ON P1H1V9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Oct 2021
Order Date
Nov 1, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to allegations of undue damage, improper use of the rental unit, and impairment of safety. The Landlord served an N7 notice to the Tenant.
Determinations
- Landlord's N7 notice did not properly identify the rental unit
- N7 notice is defective and does not comply with the Act
- Board does not have jurisdiction to terminate the tenancy
- Landlord withdrew the claim for damages
Case Study
The N7 notice served by the Landlord did not comply with Section 43(1)(a) of the Residential Tenancies Act, 2006, as it did not properly identify the rental unit. As the notice was defective, the Board did not have jurisdiction to terminate the tenancy.
Arguments and Actions
Landlord
Procedural Errors
The N7 notice did not properly identify the rental unit, which is a requirement under the Act.
Decision Summary
The Landlord's application is dismissed as the N7 notice of termination was defective and did not comply with the Residential Tenancies Act, 2006. The Board does not have jurisdiction to terminate the tenancy.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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