Landlord's N12 Application Dismissed: Viglianti v Henriques
Landlord's application to evict tenant for personal use dismissed due to failure to provide compensation or alternative unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2362 Royal York Road, Etobicoke, ON M8Y2R2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Dec 23, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served N12 Notice under section 49 of the Act
- Section 49.1 requires landlord to compensate tenant or offer alternative unit
- Landlord did not pay compensation or offer alternative unit
- Landlord did not satisfy statutory requirement, so application must be dismissed
Case Study
The Landlord did not pay the Tenant any compensation under section 49.1 of the Residential Tenancies Act, 2006 and did not offer an alternative rental unit to the Tenant. Therefore, the Landlord has not satisfied a statutory requirement for this application, and the application must be dismissed.
Decision Summary
The Landlord's application is dismissed because the Landlord did not pay the Tenant any compensation under section 49.1 of the Act and did not offer an alternative rental unit to the Tenant.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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