Ghadially v Irfan

Tenant wins · Oakville · 2025-11-07

Adjudicator

Kate Sinipostolova

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

B.G.

Tenant

S.M.I.

Landlord rep

Geoff Paine

What happened

The Landlord applied to terminate the tenancy for personal use (N12). The application was dismissed because the Landlord failed to prove that the mandatory one-month rent compensation was provided to the Tenant by the termination date. There was confusion regarding whether rent was waived or if the last month's rent deposit was simply being used, and the Tenant ended up paying rent for the month that was allegedly waived.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Landlord failed to meet the mandatory requirement under the Residential Tenancies Act, 2006, to provide the Tenant with compensation equal to one month's rent by the termination date of July 31, 2025.