Chui v Amarjee

Tenant wins · Markham · 2021-07-07

Adjudicator

Elle Venhola

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

L.C.C.

Tenant

Z.A.A.

Landlord rep

Steve Sang

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 by the Landlord's child. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The Landlord's application is dismissed because the Landlord failed to meet the technical requirements of the Residential Tenancies Act, 2006, including not filing an affidavit from the person who was going to occupy the rental unit for personal use and not providing evidence of having paid the necessary compensation to the Tenant.