Platsko v Mendel

Landlord wins · Gilford · 2022-02-28

Adjudicator

Dana Wren

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

M.M.

Tenant

A.P., H.P.

Landlord rep

Laman Meshadiyeva

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with two N12 notices, claiming the purchaser intended to move into the rental unit. The Tenants vacated the unit, but the purchaser did not end up occupying it. The Landlord then listed the unit for short-term rental.

The ruling

The Tenants' application is dismissed. The Landlord successfully rebutted the presumption of bad faith under s.57(5) of the Act. The Landlord had a valid agreement of purchase and sale at the time the N12 notice was served, and the transaction fell through due to unforeseen circumstances.