Parker v Gourley

Tenant wins · Orillia · 2021-07-15

Adjudicator

Kevin Lundy

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.P., A.R., B.R.

Tenant

B.G.

Landlord rep

Alexis Ray

What happened

Landlords applied to terminate the tenancy and evict the Tenant because the Landlords had entered into an agreement of purchase and sale of the rental unit and the purchaser required possession of the rental unit for the purpose of residential occupation. The Landlords also claimed they in good faith required possession of the rental unit for the purpose of residential occupation.

The ruling

The Landlords' application is dismissed. The N12 Notice is invalid, the Landlords failed to file the required affidavit, and they failed to pay the required compensation to the Tenant. As a result, the Board has no authority to terminate the tenancy.