Kenny v Dhaliwal

Landlord wins · Kitchener · 2025-10-09

Adjudicator

Kyle Anderson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.D.

Tenant

D.M.K., D.P.

Landlord rep

Timothy Ellis

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. Tenant 1 alleged receiving an N12 notice for the Landlord's father-in-law to occupy the unit, but claimed the unit was instead renovated and re-rented. The Landlord presented evidence of an N11 agreement to terminate signed by the parties, which included moving cost assistance and compensation. The Board found the Tenants vacated due to the N11 agreement and a subsequent Board order, rather than the alleged N12 notice.

The ruling

The Tenants' T5 application for bad faith notice of termination was dismissed. The Board ruled that the Tenants failed to prove they vacated as a result of an N12 notice. Instead, evidence showed the Tenants moved out following a signed N11 agreement to terminate the tenancy and a previous Board order. No findings were made regarding the Landlord's father-in-law's residency as the fundamental requirement of vacating due to an N12 was not met.