Steiginga v Madill

Tenant wins · Quinte West · 2022-01-19

Adjudicator

Nancy Morris

Dispute

Personal use

Notice

Personal use (N12)

Landlord

E.S.

Tenant

A.J.M.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant, claiming the rental unit was required for residential occupation by her child. The Landlord served an N12 notice with a termination date of August 31, 2021. However, the Landlord failed to pay the required compensation of one month's rent to the Tenant as per section 55.1 of the Residential Tenancies Act, 2006.

The ruling

The Landlord's application for termination of tenancy and eviction of the Tenant was dismissed. The Landlord failed to pay the required compensation of one month's rent to the Tenant as stipulated in section 55.1 of the Residential Tenancies Act, 2006, which is a prerequisite for serving an N12 notice for personal use.