Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Application Date
Feb 2018
Hearing Date
Mar 2021
Order Date
Aug 18, 2021
The Tenants' application is dismissed. The Landlord rebutted the presumption of bad faith on the balance of probabilities.
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord had previously given the Tenants an N12 Notice of Termination, asserting that the Landlord in good faith required the rental unit for the purposes of residential occupation for a period of at least 1-year. The Landlord subsequently sold the rental unit after the Tenants vacated.
Landlord's plan was to renovate the principal residence at 94 Norton Avenue, but the Landlord's efforts to refinance the property failed in October 2018 after the Tenants had vacated the rental unit. The Landlord had to sell the rental unit to finance the renovations.
Tenants argued that the Landlord's house at 94 Norton Avenue was ready to occupy, so there was no need to sell the rental unit.
Tenants vacated the rental unit after the Landlord served the N12 Notice.
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