Meekis v Hallett

Tenant wins · St Catharines · 2025-09-05

Adjudicator

Joy Xiao

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

B.H.

Tenant

M.A.M.

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Landlord claimed he required the unit for personal residential use while performing renovations and working nearby. However, evidence showed the Landlord only stayed in the unit intermittently (2-3 nights per week) for work convenience, maintained another primary residence, and re-rented the unit after a year of renovations. The Board determined this did not meet the legal standard for 'residential occupation'.

The ruling

The Board found the Landlord acted in bad faith by serving an N12 notice for personal use but failing to genuinely occupy the unit as a residence. The Landlord is ordered to pay the Tenant $12,048.00, which includes $12,000.00 for the rent differential between the old unit and the Tenant's new housing for one year, plus the $48.00 filing fee.