Landlord's N12 Notice Dismissed: Brown v Vermee, Patrick 2021
Landlord's application to evict tenants for personal use dismissed due to defective N12 notice
Summarized by RentZenLast updated: July 26, 2024
Case Summary
40 Regent Street, Kearney, ON P0A1M0
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Nov 1, 2021
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. The N12 notice of termination given to the Tenants failed to identify the rental unit.
Determinations
- N12 notice of termination failed to identify the rental unit
- Landlord's argument that the mail is delivered to the same mailbox and the units are not officially separate addresses is not sufficient to meet the requirements of the Act
- Subsection 43(1)a of the Act requires the notice to identify the rental unit
Case Study
The N12 notice of termination given to the Tenants failed to identify the rental unit as required by the Residential Tenancies Act, 2006. As a result, the Landlord's application must be dismissed.
Arguments and Actions
Landlord
Procedural Errors
The N12 notice of termination failed to identify the rental unit as required by the Act.
Decision Summary
The Landlord's application is dismissed without prejudice. The Tenants shall return to the Landlord the one month's compensation paid to the Tenants pursuant to section 48.1 of the Act, on or before October 22, 2021. If the Tenants fail to comply, the outstanding balance shall become immediately due and owing and the Tenants will start to owe interest.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.