Tenant Wins Unauthorized Occupancy Dispute: Palace Property Group v Barr 2023
Landlord's attempt to evict tenant for personal use fails due to defective notices
Summarized by RentZenLast updated: July 22, 2024
Case Summary
4 Philip St, Smiths Falls, ON K7A3L6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Jan 2023
Order Date
Jun 7, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Amanda Barr ('AB') because she entered into an agreement to terminate the tenancy. Natasha Lyonnais ('NL') requested a review of the order, claiming she was the actual tenant at the time the agreement was signed.
Determinations
- Landlord failed to bring unauthorized occupancy application within 60 days
- N11 Agreement signed by AB is not valid as she was no longer the Tenant
- NL is the Tenant as of May 2022 when AB vacated
- NL was not a party to the original application
Case Study
NL is the Tenant as of May 2022 when AB permanently vacated the unit. Landlord failed to bring an application for unauthorized occupancy within 60 days, so NL is deemed the Tenant. The N11 Agreement signed by AB is not valid as she was no longer the Tenant.
Arguments and Actions
Landlord
Arguments
AB was the Tenant when the N11 Agreement was signed, so the Eviction Order was valid.
Actions
Landlord was aware in May 2022 that NL was occupying the unit, but did not bring an application for unauthorized occupancy within 60 days.
Procedural Errors
Landlord failed to bring unauthorized occupancy application within 60 days of discovering NL was occupying the unit.
Tenant
Arguments
The N11 Agreement signed by AB is not valid as she had already permanently vacated the unit and NL was the actual Tenant.
Actions
NL moved into the unit in April 2022 while AB was living there, with AB's permission. NL paid rent to AB.
Decision Summary
NL's request to review is granted and the Landlord's application is dismissed. The Landlord failed to bring an application for unauthorized occupancy within 60 days of discovering NL was occupying the unit, so NL is deemed the Tenant. The N11 Agreement signed by AB is not valid as she was no longer the Tenant.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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