Landlord Loses N12 Case: Belo Gomes v Pangilinan 2023
Landlords' N12 application dismissed due to failure to pay required compensation to tenant in North York rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 50 Grandravine Dr, North York, ON M3J1B1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2023
Order Date
Nov 10, 2023
Dispute Summary
The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords served valid N12 notice
- Tenant paid rent for December 2022
- Landlords failed to pay one month's compensation by termination date
Case Study
The Landlords failed to pay the required one month's rent compensation to the Tenant as per sections 48.1 and 55.1 of the Residential Tenancies Act, 2006. The Landlords' attempt to waive the December 2022 rent in lieu of compensation was not valid, as the Tenant had already paid the rent for that month.
Arguments and Actions
Landlord
Arguments
Landlords claim they complied with the Act by waiving the December 2022 rent as compensation.
Procedural Errors
Landlords failed to pay the required one month's rent compensation by the termination date.
Tenant
Arguments
Landlords failed to pay the required one month's rent compensation.
Actions
Tenant submitted evidence showing he paid rent on time, including for December 2022.
Decision Summary
The Landlords' application is dismissed because they failed to pay the required one month's rent compensation to the Tenant as per sections 48.1 and 55.1 of the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,400
Source
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