Tenant Wins Right of First Refusal Case: Maclennan v Fox 2024
Tenant wins $7866 from landlords for failing to provide right of first refusal after renovations
Summarized by RentZenLast updated: November 14, 2024
Case Summary
15 Ward Dr, Barrie, ON L4N7N9
Decision in favor of
tenant
Balance Owed to Tenant
$7,866
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Oct 2021
Hearing Date
May 2024
Order Date
May 29, 2024
Dispute Summary
Tenant applied for an order determining that Landlords were required to allow her to move back into the unit after renovations, as per her right of first refusal under section 53 of the Residential Tenancies Act, 2006.
Determinations
- Landlord gave N13 Notice for extensive renovations
- Tenant exercised right of first refusal before vacating
- Renovations completed in March 2022
- Landlord did not notify Tenant of completed renovations
- Landlord rented unit to new tenants instead
Case Study
Landlord failed to notify Tenant about completed renovations and right of first refusal, despite clear obligations under the Act.
Arguments and Actions
Landlord
Arguments
Tenant did not intend to exercise right of first refusal
Actions
Did not notify tenant about completed renovations, rented unit to new tenants
Procedural Errors
Failed to notify tenant of completed renovations
Aggravating Factors
Blatant disregard for tenant's right of first refusal, chose to rent unit to new tenants at higher rate
Tenant
Arguments
Landlord failed to provide right of first refusal after renovations
Actions
Exercised right of first refusal via email, secured temporary accommodation, moved to North Bay
Decision Summary
Landlords must pay Tenant $7,866.48 for failing to provide right of first refusal after renovations, including moving expenses, storage costs, rent differential, and pain and suffering. An additional administrative fine of $1,000 was imposed.
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,958
Application Fee
$48
Administrative Fine Payable to LTB
$1,000
Other Owed Amount
$7,866
Moving expenses, storage costs, rent differential, pain and suffering
Total Owing
$7,866 (Owed to Tenant)
Fine Payable By: Landlord
Source
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