Last updated: July 30, 2024
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$5,112
to Tenants
Agree with the ruling?
Citation: N.K. and L.B. v. R.H. and C.E.I., 2016 CanLII 71221 (ON LTB)
File Number: TST-70973-16
Tenancy End Date
Apr 2015
Application Date
May 2015
Hearing Date
Mar 2016
Order Date
Sep 9, 2016
The Board found that the Landlords served the Form N13 notice in bad faith, as they did not intend to allow the Tenants to reoccupy the unit after the renovations were completed, contrary to the Tenants' statutory right under Section 53 of the Residential Tenancies Act, 2006. The Board ordered the Landlords to pay the Tenants the difference in rent for one year, the Tenants' moving expenses, and the application filing fee, for a total of $5,111.65.
Tenants applied to the Landlord and Tenant Board for an order determining that the Landlords gave a notice of termination in bad faith. The Tenants vacated the rental unit after receiving a Form N13 notice from the Landlords, stating the Landlords required possession of the rental unit to do extensive renovations. The Tenants later learned the Landlords did not intend to allow them to reoccupy the unit after the renovations were completed.
Landlords argued the Tenants' application was barred by the doctrine of res judicata, as the issue had been previously adjudicated and dismissed in a prior order.
Landlords purchased the residential complex in April 2014 and discovered it had multiple building code violations that required extensive renovations costing over $500,000. Landlords served the Tenants with a Form N13 notice stating they required possession of the unit for the renovations.
Tenants argued the Landlords served the Form N13 notice in bad faith, as they did not intend to allow the Tenants to reoccupy the unit after the renovations were completed, contrary to the Tenants' statutory right under Section 53 of the Act.
Tenants vacated the unit on April 30, 2015 based on the Landlords' Form N13 notice, believing the renovations would be temporary. Tenants later learned the Landlords did not intend to allow them to reoccupy the unit.
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Lawful Rent
$1,280
Application Fee
$45
Ordered Amount
$5,112 (to Tenants)
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