Tenants Win Bad Faith Eviction Case: MacGregor v Abdul-Aamid 2024
Landlord ordered to pay $13576 to tenants for bad faith N12 notice and failure to comply with settlement agreement
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2340 Hyde Park Road, London, ON N6H5K2
Decision in favor of
tenant
Balance Owed to Tenants
$13,576
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2022
Application Date
Aug 2022
Hearing Date
Feb 2024
Order Date
May 24, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave an N12 notice in bad faith. The Landlord delivered an N12 notice dated December 21, 2021 with a February 28, 2022 termination date, indicating the Landlord's child would be moving into the unit. The Tenants signed an N11 agreement on December 30, 2021 to vacate the unit by April 30, 2022, and the parties also signed Minutes of Settlement where the Landlord agreed to pay the Tenants $1,716 upon receiving vacant possession. The Tenants vacated the unit on March 31, 2022, but the Landlord's child did not move into the unit.
Determinations
- Tenants vacated 'as a result' of the N12 notice
- Landlord's child did not occupy the unit within a reasonable time
- Landlord delivered the N12 notice in bad faith
Arguments and Actions
Landlord
Arguments
Landlord argued Tenants vacated 'as a result' of Minutes of Settlement, not N12 notice, and Landlord was not required to pay additional compensation under Minutes of Settlement due to Tenants' failure to leave unit in proper condition.
Aggravating Factors
Landlord induced Tenants to sign Minutes of Settlement through misrepresentation, failed to comply with Minutes of Settlement, and prevented Tenants from accessing unit after March 31, 2022
Tenant
Actions
Tenants vacated unit on March 31, 2022 with intention to return to remove possessions and clean, but Landlord prevented them from accessing unit after that date.
Decision Summary
The Tenants vacated the unit 'as a result' of the N12 notice, the Landlord's child did not occupy the unit within a reasonable time, and the Landlord delivered the N12 notice in bad faith. The Landlord is ordered to pay the Tenants $8,772 for increased rent, $535 for moving and storage costs, $2,500 in general compensation, and $1,716 in unpaid compensation under the RTA. The Landlord is also ordered to pay a $2,500 administrative fine and $50 in board costs.
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$53
Rent Deposit
$2,500
Administrative Fine Payable to LTB
$2,500
Total Owing
$13,576 (Owed to Tenants)
Fine Payable By: Landlord
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.