Landlord Wins Personal Use Case: Bryan v Barnes 2023
Toronto landlord wins personal use eviction case, tenant must vacate by August 31, 2023
Summarized by RentZenLast updated: September 12, 2024
Case Summary
664 Old Weston Road, Toronto, ON M6N3B3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Mar 2023
Order Date
May 30, 2023
Tenancy End Date
Aug 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the landlord's daughter, Ashley Bryan.
Determinations
- Landlord served valid N12 Notice
- Tenant received compensation but did not cash it
- Landlord requires unit for daughter's residential occupation
- Tenant raised other issues not relevant to this application
Case Study
The landlord has complied with the requirements of the Residential Tenancies Act, 2006 for terminating the tenancy for personal use. The tenant is entitled to receive the compensation, but the tenant's refusal to accept the compensation does not invalidate the landlord's application. The landlord has provided a declaration that the landlord's daughter intends to reside in the rental unit for at least one year.
Arguments and Actions
Tenant
Actions
The tenant tried to raise issues with the residential unit which were subject to another application before the Board.
Decision Summary
The tenancy is terminated, and the tenant must move out of the rental unit on or before August 31, 2023. If the unit is not vacated by that date, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting September 1, 2023.
Reason for Eviction Relief
The Board has considered all the disclosed circumstances and finds that it would not be unfair to postpone the eviction until August 31, 2023, pursuant to subsection 83(1)(b) of the Act.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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