Landlord's N12 Notice Dismissed: Zhang v Rumble 2022 LTB Case
Landlord's attempt to evict tenants for personal use fails in Oakville
Summarized by RentZenLast updated: July 22, 2024
Case Summary
563 Settlers Road West, Oakville, ON L6M1N7
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Jan 12, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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
- Declaration did not certify purchaser requires unit for personal use 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 purchaser requires the rental unit for their own personal use for at least one year, as required by the Act.
Decision Summary
The Landlord's application is dismissed because the Landlord did not meet the statutory requirements under the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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