Evictly

Anton v Dawson

Tenant wins · Scarborough · 2023-08-04

Adjudicator
Peter Nicholson
Dispute
Personal Use
Notice
Personal use (N12)
Amount
<$5K
Landlord
A.A.
Tenant
M.D., M.B.
Landlord rep
David Anton
Tenant rep
T. Heneghan

What happened

Landlord applied to terminate the tenancy and evict the tenants because the landlord requires possession of the rental unit for the purpose of residential occupation by the landlord's son. The tenants contested the landlord's intent, arguing the N12 notice was served in bad faith and was retaliatory in nature.

The ruling

The landlord's application is dismissed. The tenants shall pay the landlord $2,300, which was given by the landlord to the tenants as the required compensation under s. 48.1 of the Residential Tenancies Act.