Meldrum v Zeren

Landlord wins · East York · 2022-02-23

Adjudicator

Dana Wren

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

G.Z.

Tenant

E.T., S.M.

Landlord rep

Rachel Gibbons

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice for purchaser's own use, and the Tenants moved out. The Landlord sold the property within one year, which led to the Tenants' allegation of bad faith.

The ruling

The Tenants' application alleging bad faith eviction was dismissed. The Board found that the Landlord served the N12 notice in good faith with the intention to occupy the rental unit for personal use. However, due to financial hardship caused by COVID-19 and the need for more space for a growing family, the Landlord's circumstances changed, necessitating the sale of the property within one year.