Lahey v Christie

Landlord wins · Nepean · 2025-06-11

Adjudicator

Nancy Morris

Dispute

Maintenance, Personal Use

Notice

Personal use (N12)

Landlord

C.L., T.K.

Tenant

M.C., J.V.C.

What happened

The Landlords applied to evict the Tenants, who have resided in the unit for 28 years, for personal use by the Landlords' son. An initial eviction order was issued but was successfully reviewed at the Tenants' request due to a procedural error. This review order resulted from a new hearing. The Tenants argued against the eviction, citing their long tenancy, fixed income, community ties, and procedural issues with the Landlords' application. The Landlords maintained their application was in good faith.

The ruling

The Landlords' application to terminate the tenancy for personal use by their son is granted. The tenancy is terminated effective August 31, 2025. The Tenants' preliminary motion to dismiss the application due to a late-filed N12 notice was denied. The Board found the Landlords' request was made in good faith and that existing maintenance issues did not constitute a 'serious breach' that would prevent eviction. Acknowledging the hardship on the long-term Tenants, the Board delayed the eviction to allow them additional time to find alternative accommodation.