Elia v Agyropoulos

Tenant wins · North York · 2026-01-21

Adjudicator

Joy Xiao

Dispute

Personal Use, Substantial Interference

Notice

Personal use (N12)

Landlord

P.E.

Tenant

G.A., H.C.

Landlord rep

Jonathan Wright, Robin Macina

Tenant rep

Christina Nastas

What happened

The Landlord applied for an order to terminate the tenancy for personal use and for compensation regarding alleged substantial interference. The primary dispute focused on whether the N12 notice was legally served. The Landlord claimed service by regular mail, but the envelopes were returned marked 'wrong address' and appeared to have been opened. The Tenants denied receiving any notices or the required compensation. The adjudicator found that the Landlord failed to prove effective service, resulting in the dismissal of the eviction application. The claim for substantial interference was subsequently withdrawn by the Landlord.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed because the Landlord could not prove the Tenants actually received the N12 notice. Despite attempts to mail the notice, the envelopes were returned to the Landlord's representative by the post office. The Landlord also failed to prove that the mandatory one-month rent compensation was paid. The additional claim for substantial interference was withdrawn by the Landlord.