Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Hearing Date
Oct 2019
Order Date
Oct 31, 2019
The Superior Court of Justice allowed the tenants' appeal of the Landlord and Tenant Board's decision terminating their tenancy. The court found the Board erred in law by not properly considering the alleged verbal side agreement or explaining why the N11 agreement was binding despite it. The case was remitted back to the Board for a new hearing before a different Member.
Tenants appealed a Landlord and Tenant Board order terminating their tenancy based on an N11 agreement. Tenants argued there was a verbal side agreement allowing them to stay until the house was sold, which the Board did not properly consider.
Landlords argue that the N11 agreement was binding and not subject to any verbal side agreement.
Landlords brought an application to terminate the tenancy to the Landlord and Tenant Board before the house was sold, despite the alleged verbal agreement to allow tenants to stay until closing.
Tenants argue that the N11 agreement was subject to a verbal side agreement allowing them to stay in the house until it was sold, even if that was after the July 31, 2017 termination date in the N11.
Tenants claim they signed the N11 agreement based on promises made in a verbal side agreement that was not reduced to writing because they were told by Landlord Parmjit Gill that it was not necessary as he was a man of his word.
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