Landlord's N12 Notice Dismissed: Yang and Lau v Wills and Wills
Toronto landlords' application to evict tenants for personal use dismissed due to invalid notice
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 3 Scarborough Road, Toronto, ON M4E3M4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Mar 2021
Order Date
Jan 12, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Sub Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation by the Landlord's parent.
Determinations
- Declaration did not certify parent requires unit for at least one year
- Landlord did not meet requirements under the Act
- Landlord served N12 Notice of Termination
Case Study
The application was dismissed because the Landlord did not meet the requirements under the Residential Tenancies Act, 2006. The Landlord served the Tenants an N12 Notice of Termination, but the Declaration filed with the Board did not certify that the Landlord's parent requires the rental unit for their own personal use for at least one year, as required by the Act.
Arguments and Actions
Landlord
Procedural Errors
Landlord did not meet statutory requirements for N12 notice
Decision Summary
The Landlords' application is dismissed.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
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