Marshall v Birmingham
Landlord wins · Barrie · 2021-08-30
- Adjudicator
- Nicola Mulima
- Dispute
- Termination of Tenancy
- Notice
- Agreement to Terminate a Tenancy (N11)
- Landlord
- J.M.
- Tenant
- R.B.
- Landlord rep
- S. Toomey
- Tenant rep
- Duty Counsel
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement to terminate the tenancy. The Tenant filed a motion to set aside the order, claiming he was under duress when signing the agreement.
The ruling
The Tenant's motion to set aside the order terminating the tenancy was denied. The Tribunal found that the Tenant freely signed the N11 agreement to terminate the tenancy and cannot simply change his mind after the agreement was reached. The Tenant's request for additional time to move out was also denied.