Landlord's Renovation Application Dismissed Due to Defective Notice: Tien Nguyen v Quang Hoang and Thi Kim Dung Nguyen 2021
Landlord's application to evict tenants for renovations dismissed due to defective N13 notice
Summarized by RentZenLast updated: July 26, 2024
Case Summary
22 Cartier Drive, Thorold, ON L2V4K9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Nov 2021
Order Date
Nov 9, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord intends to do major repairs or renovations to the rental unit. The Tenant's Representative raised the issue of a defective Notice to End the Tenancy (N13) served on the Tenant, as the N13 was completely blank where the Landlord was to describe the details of the planned work and permits.
Determinations
- N13 notice was defective as it did not include details of planned work and permits
- Landlord's application must be dismissed due to defective notice
Case Study
The Landlord's application was dismissed because the Notice to End the Tenancy (N13) was found to be defective on its face, as it did not include a description of the anticipated renovations the Landlord intended to complete, as required by the Residential Tenancies Act, 2006.
Arguments and Actions
Landlord
Arguments
The Landlord's Representative argued that until the details were finalized and the permits were obtained, there were no details to include on the N13 notice.
Procedural Errors
The N13 notice served on the Tenant by the Landlord was found to be defective on its face, as it did not include a description of the anticipated renovations the Landlord intended to complete.
Tenant
Arguments
The Tenant's Representative raised the issue of a defective Notice to End the Tenancy (N13) served on the Tenant, as the N13 was completely blank where the Landlord was to describe the details of the planned work and permits.
Decision Summary
The Landlord's application is dismissed. The Tenant shall return any funds advanced as compensation to the Landlord by November 30, 2021. If the Tenant does not pay the full amount by November 30, 2021, the Tenant shall start to owe simple interest at 2.00% on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
81.3%
Tenant Favorable
9.4%
Mutual Agreement
9.4%
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