Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$8,768
to Tenants
Agree with the ruling?
Tenancy End Date
Aug 2023
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Sep 20, 2024
The Landlord served the Tenants with an N12 notice of termination in bad faith, as the purchasers did not intend to occupy the rental unit themselves. The Landlord and purchasers are jointly responsible for the bad faith service of the N12 notice. The Tenants are awarded $8,768 in compensation, including the rent differential for 12 months and a rent abatement for the stress and anxiety caused by the bad faith notice.
The Tenants moved out of the rental unit after receiving an N12 notice of termination from the Landlord, Richard Tyler, for the Landlord to sell the property and the purchasers, Pushyaraj Mondtadka and Pavithra Poovappa Kuimundi, to use the unit for their own personal use. The Tenants allege that the N12 notice was served in bad faith as the purchasers did not intend to move into the unit and instead rented it out shortly after the Tenants vacated.
The Landlord, Richard Tyler, said that he was told by his real estate agent that the purchasers intended to move into the rental unit, so he served the N12 notice. The purchasers said they always intended to buy the property as an investment and did not intend to move in.
The Tenants said that they immediately started to look for a new place to live after receiving the N12 notice, and they ultimately found a new place a few minutes away that was $800 more per month plus $200 in utilities.
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Lawful Rent
$1,600
Application Fee
$48
Ordered Amount
$8,768 (to Tenants)
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