Kanda v Khan

Tenant wins · Waterloo · 2025-11-17

Adjudicator

Kimberly Parish

Dispute

Breach of Conditions, Tenant-initiated Termination

Notice

Agreement to terminate (N11)

Landlord

N.K.

Tenant

P.K., M.B.

What happened

The Landlord applied to terminate the tenancy based on an alleged agreement (N11) signed by the Tenants. An initial order for eviction was issued without a hearing. The Tenants filed a motion to set aside the order, claiming they never signed the N11, that the Landlord forged their signatures, and that they were prevented from receiving the LTB's initial order because the Landlord changed the mailbox locks.

The ruling

The motion to set aside the previous eviction order (LTB-L-061431-25) is granted. The original order is set aside and is no longer enforceable because the Board found that the Landlord failed to prove the Tenants had actually signed an agreement to end the tenancy.