Hu v Ali - Landlord Wins Personal Use Case at LTB
Landlord successfully terminates tenancy to occupy Brampton rental unit for personal use, tenant granted 2-month extension
Summarized by RentZenLast updated: November 3, 2024
Case Summary
8 Dumfries Ave, Brampton, ON L6Z2Y5
Decision in favor of
landlord
Balance Owed to Tenant
$202
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jul 10, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord and his wife wish to move out of their two-bedroom condo and move into the rental property, while their adult son will continue to reside in the condominium. The Tenant alleges that the N12 was served in bad faith and that the move is financially motivated.
Determinations
- Landlord served valid N12 notice
- Landlord genuinely intends to occupy the unit for at least one year
- Tenant was in possession on application date
- Tenant must move out by August 31, 2024
Arguments and Actions
Landlord
Arguments
Landlord genuinely intends to occupy the unit for at least one year for personal use.
Actions
Landlord attempted to increase rent after basement renovations, but this was due to a complaint and requirement to make the basement a legal rental unit.
Tenant
Arguments
Tenant alleges N12 notice was served in bad faith, that move is financially motivated, and that it will be difficult to find affordable alternative housing.
Actions
Tenant sublet basement unit, which led to landlord having to retrofit basement to comply with bylaws. Tenant refused landlord's demands to relinquish basement and pay higher rent.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated and the Tenant must move out by August 31, 2024. The Landlord owes the Tenant $202.12 in interest on the rent deposit.
Reason for Eviction Relief
Tenant will be displaced and requires time to find alternative housing in a competitive market
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$2,220
Rent Deposit
$2,220
Deposit Interest
$202
Total Owing
$202 (Owed to Tenant)
Source
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