Graymar v Depoorter

Landlord wins · Angus · 2025-06-17

Adjudicator

Mark Melchers

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.G., L.V., M.V.L.

Tenant

G.D.

Tenant rep

Allison Brown

What happened

Landlords applied for an order to terminate the tenancy for the personal use of their child. The Tenant raised preliminary issues, arguing that the application should be dismissed due to a misspelled surname, the omission of the unit number on the N12 notice, and a deficient declaration that failed to include mandatory statutory wording regarding good faith and duration of stay.

The ruling

The LTB declined to dismiss the Landlords' application on preliminary grounds. The Member ruled that errors in the Tenant's name and unit identification were not fatal to the application. Furthermore, the Member found that the Landlords could cure a deficient declaration with oral testimony at the hearing. The matter was adjourned for a full hearing on the merits of the N12 notice.