Ben-Margi v Yi

Tenant wins · Thornhill · 2024-08-30

Adjudicator

Alexandre Traboulsi

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

G.B.

Tenant

C.Y., W.C.

Landlord rep

Francisco Gomez

Tenant rep

Steven Li

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants raised a preliminary issue regarding the declaration contained within the Schedule B of the application that declared that the Landlord had not served any prior N12 notices of termination.

The ruling

The application is dismissed because the Landlord failed to disclose the First N12 Notice served on the Tenants, as required by subsection 71.1(3) of the Residential Tenancies Act, 2006. The Board shall refuse to accept the application for filing if the landlord has not complied with subsection 71.1(3).