Upper v John

Tenant wins · Brampton · 2021-11-01

Adjudicator

Peter Nicholson

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.A.

Tenant

C.J.

Tenant rep

Clifton John

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The Landlord's application is dismissed, without prejudice, because the Landlord did not provide the required one month's compensation to the Tenant as required by Section 48.1 of the Residential Tenancies Act, 2006. The Board declined to extend the time for the Landlord to make the required payment in the absence of a reasonable explanation.