Robinson v Waidyatilake
Last updated: March 4, 2025
Order
Ordered by Camille Tancioco,Tribunals Ontario under Section 31, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Ordered Amount
$4,217
to Tenants
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Robinson v Waidyatilake, 2024 ONLTB 92417
File Number: LTB-T-064762-22 LTB-T-064899-22
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2024
Order Date
Dec 13, 2024
Decision
The Tenants' T5 application was dismissed as they did not prove the Landlords served a notice of termination under the Act. However, the Tenants' T2 application was granted in part. The Landlords' notice to vacate without a lawful reason substantially interfered with the Tenants' reasonable enjoyment. The Landlords were ordered to pay the Tenants $4,217.46 for rent abatement, rent differential, and moving/storage expenses.
Dispute
Tenants applied for orders determining that the Landlords gave a notice of termination in bad faith and substantially interfered with their reasonable enjoyment of the rental unit.
Determinations
- Landlords did not serve a valid N12 notice
- Landlords' correspondence was not a proper notice to vacate
- Landlords' actions substantially interfered with Tenants' reasonable enjoyment
Landlord's Arguments
Actions and Evidence
Landlords sent notice to vacate in 30-60 days, listed unit for sale, and showed unit to 26 people in 11 days.
Tenant's Arguments
Actions and Evidence
Tenants had to pack away some items and leave the unit during showings.
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Financial Details
Lawful Rent
$2,100
Application Fee
$53
Ordered Amount
$4,217 (to Tenants)
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