HABHAB v LIU
Last updated: September 12, 2024
Order
Ordered by Vinuri Sivalingam,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
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Citation: HABHAB v LIU, 2024 ONLTB 3392
File Number: LTB-T-049782-22
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Feb 5, 2024
Decision
The Landlord must pay the Tenant a total of $7,953.00, which includes $6,900.00 for reasonable moving, storage and other expenses, $1,000.00 for general compensation, and $53.00 for the cost of filing the application. The Landlord failed to rebut the presumption that the N12 notice was served in bad faith.
Dispute
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 Notice of Termination stating the Landlord and his family will be moving in, and the Tenant moved out. However, the rental unit was listed for sale shortly after the Tenant vacated, and no person specified by section 48 of the Act occupied the rental unit within a reasonable period of time.
Determinations
- Landlord served N12 notice
- Tenant vacated due to N12 notice
- No person specified by section 48 occupied unit
- Landlord served N12 notice in bad faith
Landlord's Arguments
Arguments
Landlord testified that at the time the N12 notice was given, it was his intention to reside in the rental unit with his wife. Landlord provided emails to show attempts to look into daycares in Scarborough.
Actions and Evidence
Landlord served the Tenant with an N12 notice on June 6, 2021, stating the Landlord and his family will be moving in. Landlord listed the rental unit for sale in March 2022 and sold the house in June 2022.
Tenant's Arguments
Actions and Evidence
Tenant moved out of the rental unit on December 29, 2021 due to the Landlord's N12 notice.
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