Last updated: September 12, 2024
Ordered by Trish Carson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Citation: Zeng v Howarth, 2023 ONLTB 77065
File Number: LTB-L-074117-22
Application Date
Nov 2020
Hearing Date
Nov 2023
Order Date
Nov 30, 2023
The landlord's application is dismissed. The tenant is ordered to return the one month's compensation paid by the landlord by December 7, 2023, and will owe interest at 7% annually on any outstanding balance after that date.
The landlord, Jun Hui Zeng, applied for an order to terminate the tenancy and evict the tenant, Adrian Howarth, because the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The landlord initially served an N12 notice in October 2020, but later discovered that the rental unit was owned by a corporation, which is not allowed to serve an N12 notice under the Residential Tenancies Act. The landlord then arranged to transfer a 5% ownership interest in the property to himself in order to meet the requirements under the Act to serve an N12 notice.
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