Swyszcz v Alturkmani

Tenant wins · Toronto · 2021-10-06

Adjudicator

Trish Carson

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.S.

Tenant

M.A.

Landlord rep

Shabbir Shaikh

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an Agreement of Purchase and Sale of the rental unit and the Purchaser requires possession of the rental unit for the purpose of residential occupation. The Tenant was no longer in possession of the rental unit since June 17, 2021.

The ruling

The Landlord's application is dismissed as the Tenant is no longer in possession of the rental unit. The Tenant's claim of illegal lockout cannot be considered in this proceeding and the Tenant must file a separate T2 application for that.