Andrews v Hassanein

Landlord wins · Brampton · 2025-03-05

Adjudicator

Rebecca Case

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.M.H.

Tenant

K.A.

Landlord rep

John Lambe, Jennifer Lambe

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord served a N12 notice to terminate the tenancy for the Landlord's own use, and the Tenant vacated the rental unit. The Tenant alleged the Landlord did not move into the rental unit within a reasonable time after the Tenant vacated.

The ruling

The Tenant's application is dismissed as the Landlord did not serve the N12 Notice in bad faith. The Landlord moved into the rental unit within a reasonable time, and the failure of the Landlord's spouse to move in was due to a material change in the Landlord's marital status after the Tenant vacated.