Souannhaphanh and Duck v Perera

Landlord wins · Kanata · 2022-03-08

Adjudicator

Heather Chapple

Dispute

Bad faith eviction

Notice

Persistent late payment (N8)

Landlord

C.P.

Tenant

M.D., P.S.

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 an N8 notice stating that a family member would be moving into the rental unit. The Tenants vacated the unit, but there was no evidence that the Landlord's family member actually moved in.

The ruling

The Tenants' application was dismissed. The Board found that the Landlord served the N8 notice for the purpose of having a family member move in, and the Tenants vacated the unit, but there was no evidence the family member actually moved in. The Tenants did not establish the Landlord's bad faith or satisfy the third requirement of section 57(1)(a).