Ahmed v Uddin

Tenant wins · Scarborough · 2025-11-18

Adjudicator

Dawn Carr

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.S.A.

Tenant

N.U.

Landlord rep

Muhammad Alam

Tenant rep

Nabil Ahsan

What happened

The Landlord applied to terminate the tenancy for personal use (N12). A previous order for eviction was issued in the Tenant's absence. The Tenant, a refugee with limited English, requested a review, claiming they were unaware of the specific hearing date due to confusion over multiple legal filings. The Board granted the review, finding the Tenant's failure to participate was reasonable. Upon rehearing the merits, the Landlord failed to prove that the mandatory one-month rent compensation was paid to the Tenant before the termination date, leading to the dismissal of the application.

The ruling

The request to review the previous eviction order is granted, and the original order (LTB-L-043783-25) is cancelled. The Landlord's application to terminate the tenancy is dismissed because the Landlord failed to prove that the mandatory compensation required for an N12 notice was paid to the Tenant.