Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$8,996
to Tenants
Agree with the ruling?
Citation: Elkins v Van Wissen, 2024 ONLTB 45845
File Number: LTB-T-096279-23-HR
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Nov 15, 2024
The Board found that the Purchaser Landlords acted in bad faith in requiring the Vendor Landlords to serve the N12 notice on the Tenants, and that the Vendor Landlords failed to exercise due diligence in confirming the Purchaser Landlords' intentions before serving the notice. As a result, the Board ordered the Landlords to pay the Tenants $8,995.65 in rent differential, moving expenses, and other costs.
Landlords acted in bad faith
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Tenants had lived in the rental unit for almost 6 years when they received an N12 notice from the Vendor Landlords stating that the 'purchaser' intended to move in. The Tenants vacated the unit, but the person identified in the N12 never moved in. The Purchaser Landlords took title to the property in the name of their corporation instead of moving in themselves.
Tenants vacated the rental unit after receiving the N12 notice.
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Application Fee
$50
Ordered Amount
$8,996 (to Tenants)
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