Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$7,008
to Tenant
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Citation: Hart v Nutter, 2024 ONLTB 62359
File Number: LTB-T-096912-23
Tenancy End Date
Feb 2023
Application Date
Jul 2023
Hearing Date
Jul 2024
Order Date
Aug 26, 2024
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.
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.
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.
Landlords listed the rental unit for sale in August 2023, less than a year after the Tenant vacated.
Tenant vacated the rental unit in February 2023 as a result of the N12 notice.
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Lawful Rent
$1,300
Application Fee
$48
Ordered Amount
$7,008 (to Tenant)
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