Jennifer v Kempennar

Landlord wins · Odessa · 2025-11-28

Adjudicator

Rachel Gibbons

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

R.L.J.

Tenant

F.K.

Landlord rep

James Moak

Tenant rep

William Florence

What happened

The Landlord applied to terminate the tenancy for personal use, intending to occupy the unit with her daughter. The Tenant, who is elderly and has health issues, sought relief from eviction due to her personal circumstances and raised a procedural issue regarding an undisclosed previous N12 notice.

The ruling

The tenancy is terminated effective February 28, 2026. The Landlord was granted possession for personal use, but the eviction was significantly delayed by several months due to the Tenant's age, disability status, and length of tenancy. The Tenant must vacate by the end of February 2026, or the Landlord may enforce the order through the Sheriff starting March 1, 2026.