Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$11,741
to Tenant
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Citation: Edwards v Ghafari, 2024 ONLTB 92658
File Number: LTB-T-065079-23
Tenancy End Date
Aug 2022
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Dec 13, 2024
The Landlords served the N12 notice in bad faith, as they listed the rental unit for sale and rent within a year after the Tenants vacated, contrary to the requirements of the Act. The Landlords did not rebut the presumption of bad faith. The Tenants are awarded $11,741 for the rent differential they incurred for one year after vacating the unit.
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords issued an N12 notice indicating they intended to occupy the rental unit for personal use, and the Tenants vacated the unit as a result. However, the Landlords listed the unit for sale and then for rent within a year after the Tenants vacated, which triggered a presumption of bad faith under the Act.
Landlord claimed change in circumstances required selling or renting the unit.
Landlord sent email to Tenants about rising costs and intent to list unit for sale, then issued N12 notice and listed unit for sale and rent within a year.
Tenants vacated the rental unit as a result of the N12 notice.
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Lawful Rent
$2,226
Application Fee
$53
Ordered Amount
$11,741 (to Tenant)
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