Landlord Wins Bad Faith Eviction Case: Hicks v Deng 2024
London landlord wins bad faith eviction case, tenant's application dismissed
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1569 Mickleborough Crt, London, ON N6G5R6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Tenancy End Date
Mar 2023
Hearing Date
Apr 2024
Order Date
Aug 12, 2024
Dispute Summary
The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice and the Tenant vacated the rental unit as a result. The Landlord then listed the rental unit for rent, engaging the reverse onus under section 57(5) of the Residential Tenancies Act.
Determinations
- Landlord served valid N12 notice
- Tenant vacated the rental unit as a result of the N12 notice
- No person named in the notice moved into the rental unit
- Rental unit was listed for rent on April 1, 2023, engaging the reverse onus of section 57(5)
- Landlord had a genuine intention to occupy the rental unit at the time the N12 notice was given
Case Study
The Tenant did not prove the allegations contained in the application on a balance of probabilities. The Landlord presented evidence that they had a genuine intention to occupy the rental unit at the time the N12 notice was given, including selling their primary residence and discussing the sentimental value of the rental unit. Although the Landlord proposed an illegal rent increase prior to issuing the N12, their subsequent actions support their testimony that they intended to occupy the unit.
Arguments and Actions
Landlord
Actions
The Landlord and her spouse testified to their attachment to the rental unit and their genuine intention to move into it. They say the unit was severely damaged by cat urine from the Tenant's cat and they were unable to live in the unit because of the Landlord's allergy.
Tenant
Actions
The Tenant disputes the damage to the rental unit and says that the Landlord should have inspected the home and confirmed that it was suitable for her to occupy prior to issuing the N12 as she knew about the presence of a cat and her allergy.
Decision Summary
The application is dismissed. The Tenant did not prove the allegations contained in the application on a balance of probabilities. The Landlord presented evidence that they had a genuine intention to occupy the rental unit at the time the N12 notice was given.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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