Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Hearing Date
Nov 2021
Order Date
Feb 14, 2022
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.
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.
Landlord's representative argued that compensation was paid by waiving rent for June 2021.
Landlord claimed to have paid compensation by waiving rent for June 2021. Landlord demanded June 2021 rent payment on July 28, 2021.
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'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.
Tenant did not vacate the rental unit on the termination date set out in the N12 notice.
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