Linhares v Rahman
Landlord wins · 2023-03-02
- Adjudicator
- Nishikawa J.
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- N.R.
- Tenant
- F.L.
- Landlord rep
- Kent Wakely
- Tenant rep
- Felix Linhares
What happened
Landlord gave Tenant notice to terminate the tenancy under s. 48(1) of the Residential Tenancies Act 2006 to occupy the rental unit for at least one year. The Tenant appealed the LTB's decision terminating the tenancy and evicting the Tenant.
The ruling
The Divisional Court quashed the Tenant's appeal, finding that it did not raise a question of law. The court lifted the automatic stay of the LTB's order terminating the tenancy and evicting the Tenant, with the lifting of the stay to take effect 15 days after the release of the endorsement.