Persad v Singh - Tenants Win Bad Faith Eviction Case
Tenants awarded $844 after LTB finds landlord acted in bad faith when terminating tenancy in Brampton
Summarized by RentZenLast updated: November 3, 2024
Case Summary
61 Summitgreen Crescent, Brampton, ON L6R0T6
Decision in favor of
tenant
Balance Owed to Tenants
$844
Dispute Categories
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Jul 2022
Application Date
Jun 2023
Hearing Date
May 2024
Order Date
May 31, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord advised the Tenants around April 2022 that he required the rental unit for his own use and the Tenants vacated on July 1, 2022. However, the Tenants later found advertisements listing the rental unit for rent, suggesting the Landlord did not move in as claimed.
Determinations
- Tenants proved Landlord gave notice comparable to N12 notice
- Tenants vacated due to Landlord's notice
- No evidence Landlord or family moved in after Tenants vacated
- Landlord did not rebut presumption of bad faith under s.57(5)
Arguments and Actions
Landlord
Actions
Landlord advised Tenants around April 2022 that he required the rental unit for his own use and the Tenants should vacate by May 1, 2022.
Tenant
Actions
Tenants vacated the rental unit on July 1, 2022 as a result of the Landlord's notice.
Decision Summary
The Tenants' T5 application is granted. The Landlord is ordered to pay the Tenants $844, which includes $791 for moving and storage costs, and $53 for the application fee. If the Landlord does not pay by the due date, interest will accrue at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$53
Other Owed Amount
$791
Moving and storage costs
Total Owing
$844 (Owed to Tenants)
Source
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