Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$2,500
to Landlord
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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 landlord representative submitted that the permits required to facilitate the work proposed had been obtained, the tenant had been compensated according to the Act, and based on the evidence and testimony presented, vacant possession was required due to the scope of work, length of time required and potential health risks to the tenant.
The tenant representative submitted that the landlord had failed to prove that vacant possession was a requirement, citing the testimony of the plumbing inspector that contradicted the landlord's witnesses regarding timelines. The tenant representative also alleged that the landlord's pattern of behavior calls into question the necessity for the proposed renovations and real motivations behind the application for vacant possession.
Tenant Sandeep Sarin testified that he has been living in the rental unit for over 24 years and witnessed the work completed on the other, vacant units.
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Other Amount
$2,500
3 months rent compensation
Ordered Amount
$2,500 (to Landlord)
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