Duncan v Bette
Tenant wins · Collingwood · 2025-11-06
- Adjudicator
- Trish Carson
- Dispute
- Demolition
- Notice
- Demolition (N13)
- Landlord
- R.D.
- Tenant
- S.B.
- Landlord rep
- Sophia Lavimodiere
What happened
The Landlord applied to terminate the tenancy and evict the Tenant to demolish the rental unit. A key issue arose regarding a mutual agreement to change the rent due date from the 1st of the month to the 15th of the month. The Landlord served an N13 notice with a termination date of August 31, 2025. However, because the rent due date had been changed, the Board found that the rental period also changed, making the termination date in the notice incorrect and the notice itself defective.
The ruling
The Landlord's application for an order to terminate the tenancy and evict the Tenant for demolition is dismissed. The N13 notice was found to be defective because the termination date did not align with the end of the rental period, which had changed following a mutual agreement between the parties regarding the rent due date.