Davis v Wilson

Landlord wins · Scarborough · 2025-11-07

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

R.D., C.D.

Tenant

H.W.

Landlord rep

Paul Chu

What happened

The Landlords applied for an order to terminate the tenancy because Landlord 1 requires the unit for his own residential occupation. Landlord 1, who has worked in the UAE since 2015, testified that his employment now requires him to spend nine months a year in Ontario and that he needs to be near his doctors in Scarborough for health reasons. The Tenant contested the application, alleging bad faith due to a prior $400 rent increase request and a letter stating the Landlords intended to sell the property. The Tenant also raised maintenance issues including cockroaches and an unfulfilled promise for a new washing machine.

The ruling

The Landlords were granted an order terminating the tenancy effective December 31, 2025. The Board found the Landlord's need for personal occupation was genuine and made in good faith. Due to the Tenant's age and health conditions, the Board exercised discretion under section 83 to postpone the eviction until the end of the year. The Landlords must account for the $1,600.00 rent deposit and $238.68 in interest.