Gill v Houck

Tenant wins · Brampton · 2021-09-23

Adjudicator

Ian Speers

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.G.

Tenant

P.H.

Landlord rep

Richard Bowers

Tenant rep

Charmaine Spitzer

What happened

Landlord 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 ruling

The Landlord's application is dismissed. The N12 notice served on May 17, 2021 was based on a previous purchase agreement that had a financing condition that was not satisfied, and that agreement came to an end. The Landlord cannot rely on that N12 notice to support the new purchase agreement entered into on June 13, 2021. The Landlord should have served a new N12 notice for the new purchase agreement.