Berry v Arnott

Tenant wins · Hamilton · 2022-02-08

Adjudicator

Heather Chapple

Dispute

Personal use

Notice

Personal use (N12)

Landlord

S.B.

Tenant

C.A.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord served an N12 notice of termination on the Tenant, stating that the Landlord's son intends to move into the rental unit and occupy it for at least one year.

The ruling

The Landlord's application is dismissed. The N12 notice of termination does not comply with the Residential Tenancies Act, 2006 as it does not correctly identify the rental unit, and therefore is defective. The Landlord's application for termination of the tenancy cannot be granted without a valid notice of termination.