Tenant Wins Termination Dispute: Gaziani v Abdel Rehman 2023
LTB Ruling: Tenant Wins Termination Dispute in Gaziani v Abdel Rehman
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 55 Bamburgh Circle, Scarborough, ON M1W3V4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2022
Order Date
Jan 26, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order issued without a hearing.
Determinations
- N11 agreement is invalid and unenforceable
- Only one Tenant signed the N11 agreement
- Other Tenant did not consent or authorize first Tenant to act on her behalf
- Tenants are spouses in a joint tenancy
Case Study
The Tenants are spouses and the tenancy is a joint tenancy. The N11 agreement to terminate the tenancy was only signed by one Tenant, and the other Tenant did not consent or authorize the first Tenant to act on her behalf. Therefore, the N11 agreement is invalid and unenforceable.
Arguments and Actions
Landlord
Arguments
The Tenants adhered to the payment plan agreement, which suggests that Tenant AAR signed it on behalf of both Tenants, and therefore he also signed the N11 agreement to terminate the tenancy on behalf of both Tenants.
Actions
Landlord's husband asked Tenant AAR if he was signing on behalf of his wife, and AAR agreed that he was.
Tenant
Arguments
The N11 agreement is invalid and unenforceable because it was only signed by one Tenant and the other Tenant did not consent or authorize the first Tenant to act on her behalf.
Actions
Tenant AHA was out of the country when the N11 agreement was signed by Tenant AAR. There is no evidence that AHA was aware of or consented to the agreement.
Decision Summary
The Tenants' motion to set aside the eviction order is granted. The agreement to terminate the tenancy is invalid and unenforceable because only one Tenant signed it and the other Tenant did not consent or authorize the first Tenant to act on her behalf.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
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