Halfpenny v Laichi

Landlord wins · Nepean · 2025-05-12

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction

Notice

Personal use (N12), Agreement to terminate (N11)

Landlord

F.L.

Tenant

S.M.H., K.T.B.

What happened

Tenants filed a T5 application, claiming the Landlord issued a notice of termination in bad faith. The Landlord had emailed the Tenants indicating his family intended to occupy the unit, but never served a formal N12 notice. An N11 was also presented but not signed. The Tenants testified they vacated the unit due to harassment and pressure from the Landlord's son and realtor. An initial order was issued in the Tenants' absence, which the Landlord successfully requested to have reviewed. This de novo hearing determined that since no formal N12 notice was served, and the Tenants vacated due to alleged harassment rather than a notice, the prerequisites for a bad faith claim under the RTA were not met.

The ruling

The Tenant's application for bad faith eviction (T5) is dismissed. The Board found that the Landlord never served a formal N12 Notice of Termination. The Tenant's decision to vacate was a result of feeling harassed and pressured, not due to a notice under the Act. As the legal requirements for a T5 application were not met, the application could not succeed. The previous order issued in the Tenant's absence is overturned.