Javed v Qazafi

Tenant wins · Scarborough · 2025-04-11

Adjudicator

Karen Gonçalves

Dispute

Damage to Property, Personal Use

Notice

Personal use (N12)

Landlord

A.J.

Tenant

M.Q., Q.

Landlord rep

Joseph Aguanno

What happened

The Landlord applied for eviction for personal use (N12) and for compensation for damages. The application was dismissed because the N12 notice was found to be defective. It failed to name one of the two Tenants, who was determined to be a tenant based on the lease agreement. Additionally, the Landlord failed to pay the required one month's rent compensation to the Tenants.

The ruling

The Landlord's application for eviction for personal use and for damages is dismissed. The dismissal is based on two key findings: the N12 notice was defective because it failed to name all tenants, and the Landlord did not pay the mandatory one month's rent as compensation.