Upper v Payne

Tenant wins · Windsor · 2021-04-15

Adjudicator

Randy Aulbrook

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

E.A.

Tenant

T.P.

Tenant rep

Duty Counsel

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 served the Tenant a N12 Notice to End the Tenancy on May 30, 2020 with a termination date of July 31, 2020.

The ruling

The Landlord's application to end the tenancy based on the N12 notice is dismissed. The Tenant must return the $650 compensation payment to the Landlord. If the Tenant does not pay the full amount by April 26, 2021, the Tenant will owe interest at 2% annually on the outstanding balance.