Curtis and Tucker v Sim

Landlord wins · Hamilton · 2021-09-07

Adjudicator

Sonia Anwar-Ali

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

A.C., R.T.

Tenant

D.S.

Landlord rep

Glenn Gosling

Tenant rep

Alana Sim

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The request to review order SOL-16244-20 issued on May 11, 2021 is granted in part and denied in part. Order SOL-16244-20 issued on May 11, 2021 is varied to delete paragraph 3 and replace it with: "If the Tenant cashed or cashes the cheque from the Landlords that was delivered as compensation in error, then the Tenant shall pay to the Landlords $1,264.00 on or before September 20, 2021." Paragraph 3A is added to say: "If the Tenant fails to make the payment ordered, if any, under paragraph 3A on or before September 20, 2021, then the Tenant will start to owe interest. This will be simple interest calculated from September 21, 2021 at 2% annually on the balance outstanding." Interim order SOL-16244-20-IN issued on June 21, 2021 is cancelled and the stay of order SOL-16244-20 is lifted immediately.