Last updated: September 12, 2024
Ordered by Kelly Delaney,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: DRAKE PROPERTY MANAGEMENT v Beggs, 2023 ONLTB 51170
File Number: LTB-L-037670-22
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jul 24, 2023
The landlord's application is dismissed. The tenant shall pay back to the landlord the 3 months compensation credited to them. If the tenant does not pay the landlord the full amount owing on or before August 31, 2023, the tenant will start to owe interest.
The landlord applied for an order to terminate the tenancy and evict the tenants because the landlord requires vacant possession of the rental unit in order to do major repairs or renovations to the unit.
The permits required to facilitate the work proposed have been obtained, the Tenant has been compensated according to the Act, and based on the evidence and testimony presented, vacant possession is required due to the scope of work, length of time required, and potential health risks to the Tenant.
Landlord failed to prove that vacant possession was a requirement, and the Landlord's pattern of behavior suggests the real motivation was to renovate the unit to rent it at a higher rate.
Tenant was prepared to stay with friends temporarily if necessary but had no desire to move as they had strong ties to the community.
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