Landlord Loses Renovation Case: Ahrens Street Properties Inc. v Doucette 2023
Landlord's application to evict tenants for renovations dismissed by LTB due to lack of required permits
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 199 Ahrens St W, Kitchener, ON N2H4E1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2023
Order Date
Nov 9, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord requires vacant possession of the rental unit in order to do major repairs or renovations to the unit.
Determinations
- Landlord served valid N13 Notice
- Tenant in possession on application date
- Landlord's evidence on permits was unreliable
- Proposed repairs and renovations not extensive
- No building permit required
Case Study
The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy or the claim for compensation in the application. The Landlord's evidence on the issue of permits required for the proposed work was misleading and contradictory, and hence not reliable. The repairs and renovations that the Landlord has proposed are not extensive and do not require a permit, so the Landlord has not satisfied the test contained in section 50(1)(c) of the Act.
Decision Summary
The Landlord's application is dismissed. The Landlord has not satisfied the test contained in section 50(1)(c) of the Act.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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