Personal Use Eviction: Ward v Davey 2024 LTB Order
Peterborough landlord wins personal use eviction to house elderly parents
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1270 Armour Rd, Peterborough, ON K9H0E2
Decision in favor of
landlord
Balance Owed to Landlord
$1,803
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Sep 5, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for personal use of the rental unit, claiming good faith intention to occupy the unit for at least one year.
Determinations
- Landlord proved good faith intention to occupy unit
- Landlord compensated Tenant one month's rent
- Tenant filed T2 application day before hearing
- Landlord wants to move elderly parents into property
Arguments and Actions
Landlord
Arguments
Landlord proved good faith intention to occupy unit for personal use
Actions
Landlord wants to move elderly parents into rental unit
Tenant
Arguments
Tenant argued eviction was financially motivated and not in good faith
Actions
Tenant attempted to challenge N12 notice by alleging bad faith and illegal rent increase attempt
Procedural Errors
Late filing of T2 application
Decision Summary
Tenancy terminated effective September 30, 2024. Tenant must pay $1,802.58 to Landlord and vacate the unit. Landlord to move elderly parents into the rental unit.
Reason for Eviction Relief
Tenant needs time to find alternative housing due to disability and mental health conditions
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,538
Rent Deposit
$1,500
Deposit Interest
$84
Other Owed Amount
$3,387
Daily compensation for use and occupation
Total Owing
$1,803 (Owed to Landlord)
Source
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