Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Application Date
Oct 2023
Hearing Date
Mar 2024
Order Date
Apr 29, 2024
The Board granted CK's motion to set aside the order issued on October 25, 2023, as it was based on an invalid N11 agreement. The Board found that CK met the expanded definition of Tenant under the Act, and the Landlord failed to file an application under Section 100 to evict CK as an unauthorized occupant.
The order was based on an invalid N11 agreement
Landlord applied for an order to terminate the tenancy and evict Tenants due to an agreement to terminate the tenancy. The application was filed after the former Tenant signed two N11 Notices of Termination, one in March 2023 and another in August 2023. The Tenant, Carla Kennedy, filed a motion to set aside the order issued on October 25, 2023.
The Landlord failed to file an application under Section 100 to evict CK as an unauthorized occupant.
CK provided her driver's license and tax returns to establish she lived at the rental unit.
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