Gibson v Ardal
Tenant wins · Hamilton · 2024-09-04
- Adjudicator
- Dawn Carr
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- >$20K
- Landlord
- M.A.
- Tenant
- S.M.G., M.R.
- Landlord rep
- Amanda Montgomery
What happened
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice to terminate the tenancy for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord later listed the rental unit for sale, which triggered the reverse onus under the Residential Tenancies Act.
The ruling
The Landlord must pay the Tenants $29,148.97, which includes $27,420 for increased rent, $380.97 for moving expenses, and $1,300 for general compensation. The Landlord did not act in good faith when serving the N12 notice, as they later listed the rental unit for sale within a year of the Tenants vacating.