Landlord Wins Personal Use Case: Whing v Gonyea 2023
Landlord regains possession of East York rental unit for personal use, tenant must vacate by September 16
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 255 Glebemount Avenue, East York, ON M4C3T7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Feb 2023
Order Date
Sep 5, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord gave valid N12 notice on 2022-01-13 with termination date of 2022-03-31
- Landlord compensated Tenant an amount equal to one month's rent by 2022-03-31
- Landlord in good faith requires possession of the rental unit for the purpose of his son's residential occupation for at least one year
- Unfair to grant relief from eviction
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant's evidence regarding the Landlord's good faith intention to occupy the rental unit was speculative and not persuasive. The Tenant has failed to prove that the Landlord did not compensate the Tenant an amount equal to one month's rent by the termination date. It would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Procedural Errors
The order LTB-L-008403-22 issued on January 17, 2023 was cancelled because the Landlord and his legal representative did not receive the notice of hearing.
Tenant
Procedural Errors
The Tenant's request to adjourn the June 14, 2023 hearing on the basis that the agent was unable to attend was denied as an abuse of process, as the agent had previously agreed to that hearing date.
Decision Summary
The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before September 16, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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