Hebor v Ashton

Landlord wins · Whitby · 2025-09-23

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12)

Amount

$5-10K

Landlord

L.H.

Tenant

C.A.

Landlord rep

Maria Rayson

What happened

The Landlord applied to terminate the tenancy for personal use (N12 notice) due to serious health issues requiring her to live closer to specialized medical care and family support. The Tenant contested the application, arguing that the Landlord's declaration was filed late and that the application was a retaliatory measure motivated by the presence of children in the unit.

The ruling

The LTB ordered the termination of the tenancy effective October 31, 2025. The Landlord successfully demonstrated a good faith need to occupy the unit for health reasons. The Tenant was ordered to pay $7,070.49 for overholding compensation, calculated after deducting the rent deposit and interest. The eviction was delayed by several months to provide relief for the Tenant and her children to find new housing.