Shpak v Walker
Tenant wins · Barrie · 2022-07-07
- Adjudicator
- Frank Ebner
- Dispute
- Personal use
- Notice
- Personal use (N12)
- Landlord
- A.S., A.S.
- Tenant
- D.M., E.F., L.W.
What happened
Landlords applied for an order to terminate the tenancy and evict Tenants because they had entered into an agreement of purchase and sale, and the purchaser required possession for residential occupation. The application was denied as the purchase agreement was voided, and the ground for termination no longer applied.
The ruling
The Landlords' application to terminate the tenancy and evict the Tenants was denied. The original ground for termination (sale of property) no longer applied as the purchase agreement was voided. The Board found that there was no longer a valid affidavit for the N12 notice as required by the Residential Tenancies Act, and therefore could not make an order terminating the tenancy.