Landlord Loses Personal Use Case: Hewitt v Bateman 2023
Trenton landlord's attempt to evict tenants for personal use fails after maintenance issues reported
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 83 Lorne Ave, Trenton, ON K8V5B8
Decision in favor of
tenant
Balance Owed to Landlord
$954
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Nov 3, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord has not proven grounds for termination
- Application is dismissed
- Tenants to repay $954.31 to Landlord
- Tenants were in possession on application date
Case Study
The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy. The evidence suggests the Landlord likely served the N12 notice as retaliation because the Tenants involved the Quinte West Property Standards Office, and not because the Landlord genuinely intended to move into the rental unit.
Arguments and Actions
Landlord
Actions
Landlord acknowledged there were maintenance issues in January and February 2023, but denied they were the reason for serving the N12 notice.
Tenant
Arguments
Tenants believe the N12 notice was served in bad faith as retaliation for reporting the maintenance issues.
Actions
Tenants reported maintenance issues to Quinte West Property Standards Office in January 2023. Landlord served N12 notice in February 2023, about a month after the Tenants' complaint.
Decision Summary
The Landlord's application is dismissed. The Tenants shall pay the Landlord $954.31, which represents the amount of compensation they received. If the Tenants do not pay the full amount by November 30, 2023, they will start to owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Other Owed Amount
$954
Compensation paid to Tenants
Total Owing
$954 (Owed to Landlord)
Source
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