Last updated: August 23, 2024
Ordered by Alicia Johnson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Syed v Banker, 2023 ONLTB 22443
File Number: LTB-L-028334-22
Hearing Date
Feb 2023
Order Date
Feb 28, 2023
The Landlord's application for termination of tenancy and eviction of the Tenant was dismissed. The dismissal was based on the inconsistency between the N12 notice and affidavit filed with the Board, which stated the Landlord required the unit for personal use, and the Landlord's representative's statement during the hearing that the Landlord's mother would be moving in instead.
Landlord applied for an order to terminate the tenancy and evict Tenant, claiming he required possession of the rental unit for personal use for at least one year. The Landlord served an N12 notice to the Tenant on May 12, 2022, with a termination date of July 31, 2022. However, during the hearing, the Landlord's representative stated that the Landlord's circumstances had changed, and it would be the Landlord's mother moving into the unit instead of the Landlord himself.
The Landlord initially argued for termination based on personal use under section 48 of the Residential Tenancies Act, 2006.
Landlord's representative stated during the hearing that 'the Landlord's circumstances have changed, that the Landlord would not be moving into the rental unit, that it would be his mother.'
Landlord failed to maintain consistency between the N12 notice, affidavit, and intended occupant of the rental unit.
The Tenant's representative likely argued that the change in intended occupant invalidated the N12 notice and the application.
Tenant attended the hearing with a representative and support persons to contest the eviction.
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