Hart v Nutter
Last updated: October 13, 2024
Order
Ordered by Vishal Nanda,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Hart v Nutter, 2024 ONLTB 62359
File Number: LTB-T-096912-23
Timeline
Tenancy End Date
Feb 2023
Application Date
Jul 2023
Hearing Date
Jul 2024
Order Date
Aug 26, 2024
Decision
The Landlords served the N12 notice in bad faith as the rental unit was listed for sale less than a year after the Tenant vacated. The Landlords failed to rebut the presumption of bad faith. The Tenant is awarded $6,960 for the increased rent she had to pay for a one-year period after moving out, plus the $48 application fee.
Dispute
Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant an N12 notice to terminate the tenancy for their son's personal use, but the rental unit was listed for sale less than a year after the Tenant vacated.
Determinations
- Landlords gave N12 notice for own use
- Tenant vacated rental unit as a result of N12 notice
- Landlords' son did not move into rental unit after Tenant vacated
- Landlords listed rental unit for sale less than a year after Tenant vacated
- Landlords failed to rebut presumption of bad faith
Landlord's Arguments
Arguments
Landlords argued that their son's work opportunity in Windsor fell through after the Tenant had already vacated, which should rebut the presumption of bad faith.
Actions and Evidence
Landlords listed the rental unit for sale in August 2023, less than a year after the Tenant vacated.
Tenant's Arguments
Actions and Evidence
Tenant vacated the rental unit in February 2023 as a result of the N12 notice.
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Similar Cases
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The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord demonstrated they moved into the rental unit.
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A Tenant application for bad faith eviction was dismissed as the Landlord provided a credible explanation for the change in circumstances preventing personal occupancy.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord demonstrated they moved into the rental unit.
The Board dismissed the Tenants' application for bad faith termination, finding that the Tenants failed to prove that the Landlord did not move into the unit.
A Tenant's application alleging bad faith eviction was dismissed as the Landlord provided credible evidence of personal occupation of the unit.
A Tenant application for bad faith eviction was dismissed as the Landlord provided a credible explanation for the change in circumstances preventing personal occupancy.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord demonstrated they moved into the rental unit.
The Board dismissed the Tenants' application for bad faith termination, finding that the Tenants failed to prove that the Landlord did not move into the unit.
A Tenant's application alleging bad faith eviction was dismissed as the Landlord provided credible evidence of personal occupation of the unit.
A Tenant application for bad faith eviction was dismissed as the Landlord provided a credible explanation for the change in circumstances preventing personal occupancy.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord demonstrated they moved into the rental unit.
The Board dismissed the Tenants' application for bad faith termination, finding that the Tenants failed to prove that the Landlord did not move into the unit.
A Tenant's application alleging bad faith eviction was dismissed as the Landlord provided credible evidence of personal occupation of the unit.
A Tenant application for bad faith eviction was dismissed as the Landlord provided a credible explanation for the change in circumstances preventing personal occupancy.
Burlington Landlords successfully defended a bad faith eviction claim by proving that structural renovations delayed their move-in.
The Landlord and Tenant Board dismissed a Tenant's application alleging bad faith eviction because the Tenants failed to prove that the unit was not occupied by the Landlord's family.
Nevius v Hy-Mark Property Management
LTB dismisses Kitchener tenant's bad faith claim because the move resulted from a $3,500 settlement agreement rather than the N12 notice.
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