Boxe v Pathak

Tenant wins · Brampton · 2022-01-25

Adjudicator

Dana Wren

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

N.P.

Tenant

T.B., R.B.

Landlord rep

Dhara Pathak

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith (T5 application). The Tenants vacated the rental unit on August 31, 2019 after receiving an N12 notice from the Landlord claiming her son required the property for personal use. The Tenants alleged the Landlord did not actually intend for her son to move in and instead subdivided the property into two rental units.

The ruling

The Tenants' application is granted. The Landlord served the notice of termination in bad faith. The Landlord is ordered to pay the Tenants $3,960 for rent differential, $1,042.67 for moving expenses, and a $2,000 administrative fine to the LTB.