Landlord Fails to Comply with N12 Notice Requirements, Application Dismissed: Dominelli v Kool Ali 2021
Landlord's application to terminate tenancy and evict tenant dismissed due to failure to provide required compensation
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1 362 Royal York Road, Etobicoke, ON M8Y 2R2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2021
Hearing Date
Sep 2021
Order Date
Dec 23, 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the purchaser of the rental unit requires possession for the purpose of residential occupation. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlords served N12 Notice under section 49 of the Act
- Section 49.1 requires landlord to pay one month's rent compensation or offer alternative unit
- Landlords did not pay compensation or offer alternative unit
- Landlords did not satisfy statutory requirement, so application must be dismissed
Case Study
The Landlords did not pay the Tenant the required one month's rent compensation or offer an alternative rental unit, as required by the Residential Tenancies Act, 2006. Therefore, the application must be dismissed.
Decision Summary
The Landlord's application is dismissed because the Landlords did not pay the Tenant the required one month's rent compensation or offer an alternative rental unit, as required by the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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