Landlord Wins Personal Use Case: Francis v Amri 2024

Dispute Summary

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.

Determinations

• The order under review is a Member-issued consent order dated October 31, 2023, based on an L2 application, N12 notice to terminate the tenancy.
• The tenancy was terminated effective June 30, 2024.
• The Tenant's request for review is based on the grounds of being not reasonably able to participate in the proceedings.
• The Tenant claims she was improperly represented at the hearing and the terms of the consent order do not reflect her instructions as provided to her legal representative.
• The Tenant was represented by legal counsel throughout the proceeding, discussions ensued regarding an extended termination date and the Tenant ultimately accepted the terms of settlement, fully aware of the consequences.
• There is no indication that the Tenant furthered her concern about her legal representation nor objections to the settlement following the October 2023 hearing, even in the absence of the final order.

Arguments and Actions