Tallapureddy v Verkoeyen
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
PDF provided by the Ontario LTB Order Catalogue
Citation: Tallapureddy v Verkoeyen, 2026 ONLTB 56078, LTB-L-039207-25-RV2
File Number: LTB-L-039207-25
Timeline
Hearing Date
Jul 2026
Order Date
Jul 23, 2026
Decision
The Board dismissed the Landlord's personal use application upon review, upholding the Tenant's preliminary objection that the Landlord failed to disclose a prior N12 notice within the preceding two years as required by subsection 71.1(3) of the Act.
Dispute
The Landlord applied for a review and rehearing of an order regarding termination of the tenancy for personal use. The Tenant raised a preliminary issue that the application must be dismissed due to the Landlord's failure to disclose an earlier N12 notice within two years prior to filing, violating subsection 71.1(3) of the Act.
Determinations
- The Tenant's preliminary issue is correct in law.
- The Landlord's failure to disclose an earlier N12 notice given within two years prior to filing on Schedule "B" is a substantive defect that cannot be cured with an amendment in view of the mandatory language of subsection 71.1(4) of the Act.
- The Board should not have accepted the application for filing and must therefore dismiss it.
Landlord's Arguments
Actions and Evidence
Applied to terminate the tenancy and evict the Tenant for personal use and admitted to failing to disclose an earlier N12 notice given within two years prior to filing.
Procedural Errors
Failed to disclose an earlier N12 notice of termination given within two years prior to filing the application on Schedule "B" of the Board-approved application form, violating subsection 71.1(3) of the Act.
Considerations
Tenant's Arguments
Arguments
The Landlord's failure to disclose an earlier N12 notice of termination given within two years prior to filing on Schedule "B" is a substantive defect that cannot be cured with an amendment in light of the mandatory language contained in subsection 71.1(4) of the Act.
Actions and Evidence
Raised a preliminary issue at the commencement of the hearing submitting that the application must be dismissed because the Landlord failed to comply with subsection 71.1(3) of the Residential Tenancies Act, 2006.
Considerations
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