Dhillon v Dickey

Landlord wins · Barrie · 2025-07-16

Adjudicator

Panagiotis Peter Roupas

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.D.

Tenant

M.A.M.D.

Landlord rep

David Borrie

Tenant rep

Kim Teel

What happened

The Landlord applied to terminate the tenancy because she requires the rental unit for her father-in-law's residential occupation for at least one year. The Tenant challenged the good faith of the application, suggesting it was retaliatory due to maintenance issues and a desire for higher rent. The LTB found the Landlord's witness credible regarding his intent to occupy the unit due to personal marital circumstances. While the eviction was granted, it was significantly postponed to January 31, 2026, to accommodate the Tenant's family needs, including a child in high school and financial challenges.

The ruling

The tenancy is terminated effective January 31, 2026. The Landlord's application for personal use was granted as the Board found a genuine intent for the Landlord's father-in-law to reside in the unit. However, due to the Tenant's 16-year residency and family circumstances, the eviction date was postponed by several months. The Landlord's request for the filing fee was denied because the application was filed before the N12 termination date. The existing rent deposit and interest ($1,429.20 total) shall be applied to the final month's rent.