Last updated: October 13, 2024
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$5,821
to Tenants
Agree with the ruling?
Citation: Longboat v Kantoor, 2024 ONLTB 18163
File Number: LTB-T-065419-22
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 27, 2024
The Tenants proved the Landlord served the N12 notice in bad faith. The Landlord failed to rebut the presumption of bad faith under section 57(5) of the Act. The Landlord must pay the Tenants $5,820.51 for general compensation and moving expenses.
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice to terminate the tenancy for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord did not move into the unit within a reasonable time after the Tenants vacated, and instead listed the unit for rent.
Landlord's spouse claimed he intended to renovate the unit before moving in, but experienced delays due to COVID-19.
Landlord's spouse, Dennis Khanna, listed the rental unit for rent in August 2020, two months after the Tenants moved out.
Landlord was represented at the hearing but failed to advise the Board of their good faith in giving the N12 notice.
Tenants vacated the rental unit as a result of the N12 notice of termination.
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Application Fee
$53
Ordered Amount
$5,821 (to Tenants)
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