Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$11,843
to Tenant
Agree with the ruling?
Application Date
Jan 2023
Hearing Date
Nov 2023
Order Date
Feb 20, 2024
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord was required to allow the Tenant to move back into the unit under section 53 of the Act, but failed to do so. The Tenant is awarded $6,790.08 for increased rent, $5,000 for general compensation, and the Landlord is ordered to pay a $1,000 administrative fine.
Tenant applied for an order determining that the Landlord was required to allow the Tenant to move back into the unit under section 53 of the Residential Tenancies Act, 2006 and failed to do so. The Landlord had given the Tenant an N13 Notice of Termination to carry out major renovations, and the Tenant notified the Landlord of his intention to move back in once the renovations were complete, but the Landlord did not allow the Tenant to move back in.
Landlord claimed he did not receive Tenant's written notice, but then sent email confirming Tenant's intent to move back in. Landlord later said unit would not be available due to financial constraints.
Tenant notified Landlord in writing of intent to move back in after renovations, but Landlord did not allow Tenant to move back in.
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Lawful Rent
$705
Application Fee
$53
Administrative Fine Payable to LTB
$1,000
Ordered Amount
$11,843 (to Tenant)
Fine Payable By: Landlord
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