Evictly

Fernandez v Dennis

Split/Other wins · Brantford · 2023-08-09

Adjudicator
Susan Priest
Dispute
Persistent Late Payment, Personal Use
Notice
Persistent late payment (N8), Personal use (N12)
Amount
<$5K
Landlord
M.F., D.F.
Tenant
D.A.D.
Landlord rep
Krystal Campbell
Tenant rep
Tenant Duty Counsel

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent and the Landlords' agreement of purchase and sale of the rental unit, where the purchaser requires possession for personal use.

The ruling

The Landlords' application for eviction based on the N12 notice is dismissed. The Landlords' application based on the N8 notice is denied, but a conditional order is issued requiring the Tenant to pay rent on time going forward. The Tenant must repay the compensation paid for the invalid N12 notice.