Hynes v Friedman: N12 Notice Dismissed Due to Compensation Failure
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 57 Lytton Boulevard, Toronto, ON M4R1L2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Feb 14, 2022
Dispute Summary
Landlord applied to terminate tenancy and evict Tenant due to the property being sold and the purchaser requiring possession for residential occupation. Landlord served an N12 notice but failed to provide proper compensation to the Tenant as required by law.
Determinations
- Agreement of Purchase and Sale confirmed
- Application dismissed due to non-compliance with compensation requirement
- Landlord failed to pay compensation by termination date
- Landlord served valid N12 Notice on May 2, 2021
- Purchaser's declaration of good faith intention provided
- Tenant did not vacate on termination date
Case Study
The Landlord's application was dismissed because they failed to pay the required compensation to the Tenant on or before the termination date specified in the N12 notice. To succeed in future applications, the Landlord must ensure timely payment of compensation as per Section 55.1 of the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Landlord's representative argued that compensation was paid by waiving rent for June 2021.
Actions
Landlord claimed to have paid compensation by waiving rent for June 2021. Landlord demanded June 2021 rent payment on July 28, 2021.
Procedural Errors
Landlord failed to pay compensation equal to one month's rent on or before the termination date specified in the N12 notice, as required by Section 55.1 of the Residential Tenancies Act.
Tenant
Arguments
Tenant's representative disputed the Landlord's claim that compensation was paid, arguing that the Landlord demanded June 2021 rent payment on July 28, 2021, effectively rescinding the waiver of rent for that month.
Actions
Tenant did not vacate the rental unit on the termination date set out in the N12 notice.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant was dismissed without prejudice. The Landlord failed to comply with the legal requirement to pay compensation equal to one month's rent to the Tenant on or before the termination date specified in the N12 notice.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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