Landlord Wins Personal Use Case: Khanum v Sultan 2022
LTB Ruling on Milton Landlord's Personal Use Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
55 Frost Court, Milton, ON L9E1G2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Oct 2021
Tenancy End Date
Dec 2021
Order Date
Feb 11, 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict Tenants due to damage to the rental unit, substantial interference with the Landlords' reasonable enjoyment, and the Landlords' need for personal use of the rental unit. The Landlords withdrew the portion of the application related to the damage claim.
Determinations
- Eviction postponed to December 31, 2021 to provide Tenants more time
- Landlords and Tenants entered into an Agreement to Lease, not a Standard Lease form
- Landlords filed N12 notice on June 30, 2021 for termination on August 31, 2021
- Landlords met technical requirements under Section 49 of the Act
- Tenancy commenced on May 1, 2020
- Tenants did not vacate by August 31, 2021
Case Study
The Landlords met the technical requirements under Section 49 of the Residential Tenancies Act to terminate the tenancy for the purpose of the purchaser's personal use. The Tenants sought a postponement of the eviction, which was granted until December 31, 2021 to provide them with additional time to find alternative accommodation.
Arguments and Actions
Tenant
Arguments
Tenants sought a postponement of the eviction to allow them more time to find alternative accommodation.
Actions
Tenants did not vacate the rental unit by the termination date in the N12 notice.
Decision Summary
The tenancy between the Landlords and Tenants is terminated as of December 31, 2021. The Tenants must move out of the rental unit on or before December 31, 2021. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting January 1, 2022.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
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