Landlord Wins Personal Use Case: Buchner v Wilkes 2022
Landlord granted eviction for renovations in Tillsonburg rental dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
8 Lamers Crt, Tillsonburg, ON N4G4T6
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2021
Hearing Date
Jun 2022
Order Date
Jul 7, 2022
Tenancy End Date
Nov 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by the Landlords.
Determinations
- Eviction postponed to November 30, 2022 to allow Tenant more time to find alternative accommodation
- Landlords compensated Tenant 1 month's rent
- Landlords gave valid N12 notice
- Landlords require unit for personal use for at least 1 year
- Tenant has resided in unit for 27 years and is a senior
Case Study
The Landlords have satisfied the requirements under Section 48(1) of the Residential Tenancies Act, 2006 to terminate the tenancy for personal use. The Landlords, who are both seniors, require the rental unit for their own residential occupation for at least one year. The Landlords have provided the required notice and compensation to the Tenant.
Arguments and Actions
Landlord
Actions
Landlords, who are both seniors, require the rental unit for their own residential occupation for at least one year due to their growing need for closeness to medical facilities, emergency, and other community services.
Tenant
Arguments
Tenant believes the Landlords gave the notice of termination following their failure to sell the unit last year, and that a vacant unit will sell faster.
Actions
Tenant, a senior, has resided in the unit for approximately 27 years and cannot afford the current rental market.
Decision Summary
The tenancy is terminated, and the Tenant must vacate the rental unit by November 30, 2022. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office for enforcement starting December 1, 2023. The Tenant must pay the Landlords $186 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Application Fee
$186
Deposit Interest
$326
Total Owing
$186 (Owed to Landlord)
Source
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