McClymonth v Singh Nanuan

Tenant wins · Brampton · 2025-06-23

Adjudicator

Jane Dean

Dispute

Bad Faith Eviction, Renovation, Major Repairs

Notice

Renovation (N13)

Amount

>$20K

Landlord

B.S.N.

Tenant

M.M., E.P., W.K.

Landlord rep

Yuvraj Bhullar

What happened

The Tenants applied for an order determining the Landlord failed to provide them with the right of first refusal to reoccupy the rental unit after it was vacated for renovations, as required by section 53 of the RTA. The tenancy had been terminated by a previous LTB order (LTB-L-004220-22) due to an N13 notice for repairs mandated by a City of Brampton by-law. The Tenants claimed they provided written notice of their intent to return, but the Landlord did not allow them to move back in, citing incomplete renovations due to personal financial issues. The Tenants' monetary claim was amended to $35,000 to meet the Board's jurisdiction.

The ruling

The Landlord is ordered to pay the Tenants a total of $34,386.93. This amount includes $20,257.44 for one year of rent differential, $2,876.49 for moving costs, $10,000.00 in general compensation for the impact on the family, a $1,200.00 rent abatement, and the $53.00 application fee. The Landlord is also ordered to pay a $1,000.00 administrative fine to the LTB. This decision stems from the Landlord's failure to honor the Tenants' right of first refusal to move back into the unit after an eviction for renovations.