Landlord Wins Personal Use Case: Hamelin v Dyment 2022
Landlord regains possession of Midland rental unit for personal use
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 314 Midland Avenue, Midland, ON L4R3K6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Oct 19, 2022
Tenancy End Date
Nov 2022
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.
Determinations
- Landlord filed affidavit certifying good faith requirement
- Landlord paid Tenant one month's rent compensation
- Landlord served valid N12 Notice
- Tenant in possession on application date
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord's good faith intention to occupy the rental unit was established, and the Tenants' circumstances were considered under Section 83 of the Residential Tenancies Act, 2006.
Arguments and Actions
Landlord
Actions
The Landlord testified that she currently resides in the upper unit with her son and suffers from COPD, having difficulty climbing stairs. The rental unit that is subject to this application is a ground floor unit with no stairs.
Tenant
Arguments
The Tenants submitted that they are currently on a waiting list for housing, and one Tenant works full time while the elderly Tenant receives ODSP.
Actions
The Tenants testified that this is a 10-year tenancy and that one of the Tenants is 63 years old and experiencing some health concerns, awaiting a pre-booked surgery.
Decision Summary
The tenancy is terminated, and the Tenants must move out of the rental unit on or before November 30, 2022. The Tenants shall also pay the Landlord $32.55 per day for compensation for the use of the unit from December 1, 2022, to the date they move out.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
Need assistance from an expert?
Sponsored
Financial Details
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.