Ripley v Atieh

Landlord wins · Windsor · 2022-01-06

Adjudicator

Khalid Akram

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

F.A., G.P., M.H., M.H.

Tenant

L.R., R.R.

Landlord rep

Brenda Mercer

Tenant rep

Christopher Hall

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords purchased the rental property and served the Tenants with an N12 notice to move out so that one of the Landlords could move in. The Tenants alleged the Landlords had no genuine intention of moving in and just wanted to re-rent the unit at a higher price.

The ruling

The Tenants' application was dismissed. The Landlords did not act in bad faith in serving the N12 notice, as they genuinely intended to move into the rental unit but were unable to due to the smoke damage that could not be remediated.