Taillon v Ackerman

Tenant wins · Cornwall · 2021-10-25

Adjudicator

Arnab Quadry

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.T.

Tenant

T.A.

Tenant rep

J. Moak

What happened

Landlord applied to terminate the tenancy and evict the Tenant because the Landlord's child requires the rental unit for personal occupation. The Tenant disputed the application, arguing that the history between the parties indicates the application was not made in good faith, the declaration filed by the Landlord does not meet the statutory requirements, and the Landlord's evidence is hearsay.

The ruling

The Landlord's application is dismissed due to lack of evidence. The Tenant is ordered to return the compensation paid by the Landlord by November 5, 2021, and if the Tenant fails to do so, they will owe interest on the outstanding balance starting November 6, 2021.