Landlord Wins Personal Use Case: Navaratnam v Brown 2023
LTB Rules on Oshawa Personal Use Eviction: Navaratnam v Brown
Summarized by RentZenLast updated: July 22, 2024
Case Summary
199 Lady Angela Avenue, Oshawa, ON L1L0K3
Decision in favor of
landlord
Balance Owed to Tenant
-$1,861
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2023
Order Date
Mar 27, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Eviction date extended to June 30, 2023 to minimize disruption to Tenants' children's schooling
- Landlord compensated Tenants before termination date as required
- Landlord in good faith requires unit for own residential occupation for at least 1 year
- Landlord served valid N12 notice on March 13, 2022 with termination date of May 31, 2022
- Tenants were in possession on application date
- Tenants' claim of bad faith notice dismissed
Case Study
The Landlord served a valid N12 notice and compensated the Tenants before the termination date. The Tenants' claim that the notice was served in bad faith was dismissed as the Landlord's evidence showed the rent increase was agreed upon a year prior to the N12 notice. The Tenants did not provide sufficient evidence to support their claim of bad faith. While the Tenants requested an extended eviction date to August 31, 2023 to allow their children to finish the school year, the Tribunal found this request unreasonable and instead ordered the Tenants to vacate by June 30, 2023.
Arguments and Actions
Landlord
Arguments
Landlord requested an 11 day order for eviction.
Actions
Landlord currently renting a room and living in his aunt's house with her spouse and their 2 children. Landlord wants to move into the house with his partner to plan their wedding and start a life together.
Tenant
Arguments
Tenants requested an extended eviction date to August 31, 2023 to allow them time to find new housing and a new school for their children, and to meet their financial goals to purchase a house.
Actions
Tenants have 3 children in school and moving may require them to change schools for only a few months if evicted before the school year ends.
Decision Summary
The tenancy is terminated and the Tenants must vacate the rental unit by June 30, 2023. The Landlord is authorized to deduct $59.18 per day from the amount owed to the Tenants for the rent deposit and interest, starting from February 22, 2023 until the Tenants move out. Any remaining balance owed between the parties must be paid.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Rent Deposit
$1,800
Deposit Interest
$61
Total Owing
-$1,861 (Owed to Tenant)
Source
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