Landlord Wins Personal Use Case: Gangaram v Straughn 2021
Brampton landlord evicts tenant for personal use, orders $2334 in compensation
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 53 Gatesgill Street, Brampton, ON L6X3S9
Decision in favor of
landlord
Balance Owed to Landlord
$2,334
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Dec 20, 2021
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord served valid N12 notice
- Landlord genuinely intends to occupy the unit
- Tenant has benefited from delay in order
- Unfair to grant relief from eviction
Case Study
The Landlord served the Tenant with a valid N12 notice to terminate the tenancy for the Landlord's own use. The Landlord genuinely intends to occupy the rental unit for the purpose of residential occupancy. The Tenant has benefited from the delay in issuing this order, and it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
The Landlord has moved into the upper unit and is seeking to gain access to the basement to return the building to a single-family dwelling. The Landlord's health is failing, and she wishes to "scale back" on her obligations.
Tenant
Actions
The Tenant rents a bedroom in the basement unit and has shared the kitchen and bath with other tenants for about 5 years. The Tenant is currently unemployed and has been actively looking for another rental unit but has not been successful.
Decision Summary
The tenancy is terminated effective January 7, 2022. The Tenant must move out by that date and pay the Landlord $2,334.48 in compensation for use of the unit from August 1, 2021 to December 20, 2021, plus $16.44 per day from December 21, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by December 31, 2021, they will owe interest starting January 1, 2022.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Other Owed Amount
$2,334
Compensation for use of unit from August 1, 2021 to December 20, 2021
Total Owing
$2,334 (Owed to Landlord)
Source
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