Landlords Win Personal Use Case: Diggins v Diggins 2024
Kitchener landlords regain possession for personal use, tenant ordered to pay $4364
Summarized by RentZenLast updated: September 12, 2024
Case Summary
565 Greenfield Ave, Kitchener, ON N2C2P3
Decision in favor of
landlord
Balance Owed to Landlords
$4,364
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2023
Hearing Date
Jan 2024
Order Date
Jan 10, 2024
Tenancy End Date
Jan 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation by the purchaser's parents.
Determinations
- Landlords served valid N12 notice
- Purchaser's parents require unit in good faith for residential occupation
- Tenant was in possession on application date
Case Study
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy under the N12 notice. The Landlords have established that the purchaser's parents genuinely intend to live in the rental unit for at least one year, and that this is a good faith requirement for possession of the unit.
Decision Summary
The tenancy is terminated effective January 31, 2024. The Tenant must vacate the unit by this date. The Tenant is ordered to pay the Landlords $4,363.60, which includes compensation for use and occupation of the unit and the application filing fee. If the Tenant does not pay the full amount by January 31, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
It would not be unfair to postpone the eviction until January 31, 2024
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,017
Application Fee
$186
Other Owed Amount
$4,178
Compensation for use and occupation of unit from September 1, 2023 to January 3, 2024
Total Owing
$4,364 (Owed to Landlords)
Source
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