Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Application Date
Sep 2022
Hearing Date
Jan 2023
Order Date
Jun 7, 2023
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.
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.
AB was the Tenant when the N11 Agreement was signed, so the Eviction Order was valid.
Landlord was aware in May 2022 that NL was occupying the unit, but did not bring an application for unauthorized occupancy within 60 days.
Landlord failed to bring unauthorized occupancy application within 60 days of discovering NL was occupying the unit.
The N11 Agreement signed by AB is not valid as she had already permanently vacated the unit and NL was the actual Tenant.
NL moved into the unit in April 2022 while AB was living there, with AB's permission. NL paid rent to AB.
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