Bertomeu v Uddin

Tenant wins · London · 2024-10-04

Adjudicator

Alicia Johnson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

N.U.

Tenant

I.F.B.

Landlord rep

Loryn Lux

Tenant rep

Michael Cameron

What happened

The Tenant applied for an order determining that the Landlord gave an N12 notice of termination in bad faith. The Landlord served the Tenant with an N12 notice indicating that the Landlord's child (daughter) intended to occupy the unit. However, the Tenant proved that the Landlord is a corporation, not an individual, and therefore was not authorized to serve the N12 notice under the Residential Tenancies Act. The Tenant vacated the unit as a result of the N12 notice, but the Landlord's daughter never occupied the unit. The unit was listed for sale shortly after the Tenant vacated.

The ruling

The Tenant proved the allegations in the application on a balance of probabilities. The Landlord, who is a corporation, served the Tenant with an N12 notice in bad faith. The Tenant vacated the unit as a result of the N12 notice, but the Landlord's daughter never occupied the unit. The Landlord shall pay the Tenant $2,711.99 for moving expenses and general compensation.