DRAKE PROPERTY MANAGEMENT v Pascua - LTB Dismisses Landlord's Application for Vacant Possession
LTB dismisses landlord's application for vacant possession to complete repairs in North York rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
107 Lawrence Ave W, North York, ON M6L1C2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jul 24, 2023
Dispute Summary
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.
Determinations
- Landlord served valid N13 Notice
- Landlord compensated tenant 3 months rent
- Tenant was in possession on application date
- Landlord requires vacant possession for repairs
- Landlord has obtained necessary permits
- Landlord has completed renovations in 2 units
Case Study
The landlord has not proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The landlord has not established that vacant possession is required to complete the proposed plumbing work in a safe and timely manner.
Arguments and Actions
Landlord
Arguments
Landlord has obtained the necessary permits and compensated the tenants according to the Act.
Actions
Landlord claims vacant possession is required due to the scope of work, length of time required, and potential health risks to the tenants.
Tenant
Arguments
Landlord failed to prove that vacant possession is required to complete the proposed work.
Actions
Tenants have been living in the rental unit since 2008 and are willing to temporarily stay with friends during the work.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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