Emanuele v Worden

Tenant wins · Waterloo · 2025-09-24

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

M.E., K.B.

Tenant

D.W.

Landlord rep

Kelly Hawkes

Tenant rep

Mark Grossman

What happened

The Landlords applied for an order to terminate the tenancy for their own residential occupation. The Tenant contested the application on the basis that Section 56 of the Residential Tenancies Act, 2006, prohibits such a notice because the rental unit became a separately conveyable property via severance while the Tenant was in possession. The Landlords had previously provided compensation to the Tenant by waiving one month's rent.

The ruling

The Landlords' application to terminate the tenancy for personal use was dismissed because the property had been severed while the Tenant was in possession, triggering the prohibition in Section 56 of the Act. However, since the eviction was not granted, the Tenant is ordered to return the $1,763.41 compensation (previously provided as a rent waiver) to the Landlords by October 5, 2025. The Tenant's request for legal costs against the Landlords was denied as the application was not found to be frivolous or in bad faith.