Filella v Landriault

Tenant wins · Cornwall · 2025-03-05

Adjudicator

Alicia Johnson

Dispute

Personal Use

Notice

Personal use (N12), Extensive Renovation (N13)

Landlord

R.F., R.F.

Tenant

L.L.

Tenant rep

Amber Miller

What happened

The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.

The ruling

The Landlords' application is dismissed due to their failure to comply with subsections 71.1(3) and 72(1) of the Residential Tenancies Act, 2006. The Landlords omitted to disclose a prior N13 notice served on the Tenant and failed to file an affidavit certifying they require the rental unit for their own personal use for at least one year. The Landlords' past conduct has also brought into question their credibility, motives and good faith intentions.