Landlord Wins Personal Use Case: Khakh v Cater 2022
Brampton landlord wins personal use case, tenant ordered to pay $7994
Summarized by RentZenLast updated: July 22, 2024
Case Summary
58 Hinchley Wood Grove, Brampton, ON L6V3M3
Decision in favor of
landlord
Balance Owed to Landlord
$7,994
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Feb 2022
Order Date
Feb 28, 2022
Tenancy End Date
Apr 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Eviction postponed to April 30, 2022 to provide Tenant additional time to relocate
- Landlord paid Tenant compensation equal to one month's rent
- Purchaser requires possession for personal use
- Termination date on notice complies with Residential Tenancies Act
Case Study
The Tenant's representative argued that the notice is invalid because the Tenant pays rent on the 2nd day of the month and the termination date on the notice is September 30, 2021. However, the tenancy agreement shows the tenancy commenced on the 1st day of November 2017, and the termination date on the notice complies with the Residential Tenancies Act. The Tenant's representative also argued that there are changes to the Purchase and Sale Agreement, but the changes do not affect the fact that the purchaser intends to own the property and wants to ensure he receives vacant possession so he can occupy the home. The Tenant's daughter's testimony that the real estate agent did not call her back when she inquired about the sale does not lead to the conclusion that the Landlord is not selling the house. The Tenant's representative's belief that the money paid to the agent in trust is not as much as she believes it should be also does not lead to the conclusion that the Landlord is not selling the home.
Arguments and Actions
Tenant
Arguments
The Tenant's representative argued that the notice is invalid because the Tenant pays rent on the 2nd day of the month and the termination date on the notice is September 30, 2021. The Tenant's representative also argued that there are changes to the Purchase and Sale Agreement, and that the money paid to the agent in trust is not as much as she believes it should be.
Decision Summary
The tenancy is terminated effective April 30, 2022. The Tenants must move out of the rental unit on or before April 30, 2022. The Tenants shall pay the Landlords $7,942.60 for compensation for the use of the unit from October 1, 2021 to February 28, 2022, and $52.60 per day for compensation for the use of the unit from March 1, 2022 to the date they move out. If the Tenants do not pay the full amount owing by March 11, 2022, they will start to owe simple interest at 2.00% annually on the balance outstanding. If the unit is not vacated by April 30, 2022, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Damages
$7,942
Other Owed Amount
$52
Compensation for use of unit from March 1, 2022 to move-out date
Total Owing
$7,994 (Owed to Landlord)
Source
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