Landlord Loses Personal Use Case: Morrish v Collins 2024
LTB dismisses landlord's application to evict tenant for personal use, grants relief from eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 56 Hammersmith Ave, Toronto, ON M4E2W4
Decision in favor of
tenant
Balance Owed to Landlord
$493
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Jul 23, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord did not prove good faith requirement for personal use
- Tenant was in possession on application date
- Landlord gave N12 notice with termination date of June 30, 2024
- Landlord compensated Tenant $1,362.03 for one month's rent
- Landlord's testimony was not credible
Case Study
The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord's testimony was not credible, and there were contradictions in their statements regarding their intentions to occupy the rental unit. The Landlord also did not provide sufficient evidence to show they are the owner or part-owner of the property, and that the N12 notice was valid.
Decision Summary
The Landlord's application is dismissed. The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant is required to pay the Landlord $492.58 in daily compensation for use and occupation of the rental unit for the period from July 1, 2024 to July 11, 2024.
Reason for Eviction Relief
The basement unit is self-contained with no interior access, and the Landlord did not provide viable plans to install a staircase. The Tenant is 81 years old and a long-term tenant since 2015.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Damages
$493
Total Owing
$493 (Owed to Landlord)
Source
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