CIRA v MacLean
Tenant wins · Hamilton · 2025-10-02
- Adjudicator
- Robert Patchett
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- D.C.
- Tenant
- B.M.
What happened
The Landlord applied to terminate the tenancy because they entered into a private agreement of purchase and sale, claiming the purchaser required the unit for residential occupation. The Landlord served an N12 notice, but the purchaser failed to attend the hearing to testify regarding their good faith intentions. Additionally, evidence emerged of a real estate agent associated with the Landlord visiting the Tenant unannounced, which the Board viewed as a pattern of harassment.
The ruling
The Landlord's application to terminate the tenancy is dismissed. The Landlord failed to provide sufficient evidence of the purchaser's good faith intention to occupy the unit, specifically because the purchaser did not attend the hearing to testify. The Board also noted potential harassment of the Tenant by a third-party real estate agent acting on the Landlord's behalf.