Cheng v Sherif
Tenant wins · Mississauga · 2025-12-03
- Adjudicator
- Carrie Bertrand
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- P.Y.C.
- Tenant
- M.S., S.H.G.
- Landlord rep
- Zi Yi Liu
- Tenant rep
- Bavithra Vigneswarajah
What happened
The Landlord applied for an order to terminate the tenancy for personal use, intending for a parent to occupy the unit. During the hearing, it was revealed that the property is owned by two individuals, but only one Landlord was named on the N12 notice and the application. The Tenants argued that the notice was defective as it omitted the second owner, preventing a full assessment of the good faith requirements for all legal landlords.
The ruling
The Landlord's application for termination based on personal use is dismissed. The N12 notice was found to be defective because it only named one of the two legal owners of the property. The Tenants are ordered to return the $2,970.45 compensation bank draft to the Landlord by December 15, 2025.