Shaikh v Lewis
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Shaikh v Lewis, LTB-L-076464-25, 2026 ONLTB 19955
File Number: LTB-L-076464-25
Timeline
Hearing Date
Jan 2026
Order Date
Mar 10, 2026
Decision
The application for termination for personal use is dismissed without prejudice due to defective notice, failure to pay mandatory compensation, and procedural defects regarding the good faith declaration.
Dispute
Landlord applied for an order to terminate tenancy for personal use (N12). The application was dismissed because the N12 notice failed to identify the specific rental unit (basement), the Landlord failed to pay the required compensation, and the declaration of good faith was not properly sworn.
Determinations
- The Form N12 did not identify the rental unit as the basement, which is a mandatory requirement under section 43(1) of the Act.
- The Landlord failed to pay the required compensation under section 48.1 of the Act by the termination date.
- The declaration of intent to occupy the rental unit was not sworn to be in good faith as required by section 72(1) of the Act.
Landlord's Arguments
Actions and Evidence
The Landlord served an N12 notice which failed to identify the rental unit as the basement and failed to pay the required compensation by the termination date.
Procedural Errors
Failed to identify rental unit on notice, failed to pay compensation, failed to provide sworn good faith declaration.
Considerations
Tenant's Arguments
Actions and Evidence
The Tenant attended the hearing.
Considerations
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