Palace Property Group v Barr

Tenant wins · Smiths Falls · 2023-06-07

Adjudicator

Rebecca Case

Dispute

Unauthorized Occupancy

Landlord

Palace Property Group

Tenant

A.B., N.L.

Landlord rep

Grace George

Tenant rep

Linda Tranter

What happened

Landlord applied for an order to terminate the tenancy and evict Amanda Barr ('AB') because she entered into an agreement to terminate the tenancy. Natasha Lyonnais ('NL') requested a review of the order, claiming she was the actual tenant at the time the agreement was signed.

The ruling

NL's request to review is granted and the Landlord's application is dismissed. The Landlord failed to bring an application for unauthorized occupancy within 60 days of discovering NL was occupying the unit, so NL is deemed the Tenant. The N11 Agreement signed by AB is not valid as she was no longer the Tenant.