Last updated: January 12, 2025
Ordered by Dawn Carr,Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$29,149
to Tenants
Agree with the ruling?
Citation: Gibson v Ardal, 2024 ONLTB 66362
File Number: LTB-T-048596-23
Tenancy End Date
Jun 2022
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Sep 4, 2024
The Landlord must pay the Tenants $29,148.97, which includes $27,420 for increased rent, $380.97 for moving expenses, and $1,300 for general compensation. The Landlord did not act in good faith when serving the N12 notice, as they later listed the rental unit for sale within a year of the Tenants vacating.
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice to terminate the tenancy for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord later listed the rental unit for sale, which triggered the reverse onus under the Residential Tenancies Act.
Landlord argues that they only need to have a good faith intention to occupy the unit at the time the N12 notice is given, and that their plans changed over time.
Landlord initially served an N12 notice with a termination date of March 21, 2022, but the parties later signed an N11 agreement to end the tenancy on a later date. Landlord claims they had a good faith intention to move into the unit at the time the N12 notice was given.
Tenants vacated the rental unit on June 30, 2022 as a result of the N12 notice.
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Application Fee
$48
Ordered Amount
$29,149 (to Tenants)
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