Last updated: February 17, 2025
Ordered by Mark Melchers,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Valiyaparambath v Bruce, 2024 ONLTB 67182
File Number: LTB-L-020740-24
Application Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Sep 13, 2024
The Landlord's application is dismissed because the N12 notice of termination upon which the application is based is invalid. The Landlords did not have the purchaser's consent to serve the N12 notice at the time it was served, as required by subsection 49(1) of the Residential Tenancies Act, 2006.
The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
The agreement of purchase and sale included a clause directing the Landlords to give the Tenant 'proper notice', and the purchasers' declarations filed with the application indicated their genuine intention to move into the unit.
The N12 notice is invalid because the Landlords did not have the purchaser's consent to serve it at the time it was served.
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