Berry v Tang

Landlord wins · Ajax · 2025-07-25

Adjudicator

Fotoula Hatzantonis

Dispute

Bad Faith Eviction

Landlord

J.S.I.T., S.A.S.C.T.T.

Tenant

H.B.

Landlord rep

Jennifer Murray

Tenant rep

Kelly Draycott

What happened

The Tenant filed a T5 application alleging the Landlords gave a notice of termination in bad faith. The Tenant claimed that text messages from the Landlords stating their intent to sell the property constituted a notice to vacate. However, the parties eventually signed an N11 Agreement to End the Tenancy. The Tenant vacated on August 1, 2023, and the unit was subsequently renovated and re-rented when the market for selling was unfavorable. The Board had to determine if the Landlords' communications constituted an N12 notice under the Act.

The ruling

The Tenant's application for an order determining bad faith was dismissed. The Board found that the Tenant failed to prove an N12 notice was given. The termination of the tenancy was based on a mutual N11 agreement rather than a landlord-initiated notice to vacate for personal use or sale.