Landlord's N12 Application Dismissed: Jeganathan v Abdul-Hafith
Landlord's N12 application dismissed in Scarborough case due to improper declaration
Summarized by RentZenLast updated: July 26, 2024
Case Summary
6 Acre Heights Crescent, Scarborough, ON M1H2N9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Oct 6, 2021
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's declaration does not comply with Act requirements
- Landlord's application dismissed without prejudice
- Landlord may serve new notice of termination
- Tenants shall immediately pay back compensation received
Case Study
The Landlord's declaration does not comply with the requirements of the Residential Tenancies Act, 2006 (the 'Act'). Subsection 72(1)(a) of the Act requires that the declaration expressly state that the Landlord will occupy the rental unit for at least one year. The Landlord's application shall accordingly be dismissed, without prejudice. The Landlord may serve a new notice of termination.
Arguments and Actions
Landlord
Procedural Errors
Landlord's declaration does not comply with Act requirements
Decision Summary
The Landlord's application is dismissed. The Tenants shall immediately pay the Landlord back the amount of compensation the Landlord paid to the Tenants.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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