Mckay v Omitiran

Tenant wins · London · 2025-01-31

Adjudicator

Panagiotis Peter Roupas

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

M.O.

Tenant

W.M.

Tenant rep

Sarah Tarantino

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant vacated the rental unit after being served an N12 notice, where the Landlord claimed he required vacant possession for the purpose of the residential occupation of his parent. However, the Tenant later discovered that the Landlord renovated and listed the multi-unit residential complex for sale shortly after the Tenant vacated.

The ruling

The Landlord must pay the Tenant $18,959.06, which includes $12,600 in general compensation, $5,400 for the increased rent the Tenant has incurred for one year, $911.06 for reasonable moving and other expenses, and $48 for the cost of filing the application. The Landlord shall pay the full amount by February 11, 2025, and if not, will owe interest at 5% annually on the outstanding balance.