Mok v Mah

Tenant wins · Richmond Hill · 2025-09-24

Adjudicator

Nicole Pedron

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.M.

Tenant

E.M., D.S.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants for the purpose of personal residential occupation. The Landlord served an N12 notice with a termination date of July 31, 2025. However, the Landlord failed to pay the required compensation of one month's rent to the Tenants on or before the termination date, as required by the Residential Tenancies Act, 2006.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The adjudicator ruled that the Landlord failed to comply with the mandatory requirement to pay the Tenants one month's rent compensation by the termination date specified in the N12 notice. Consequently, the Board is barred from issuing an eviction order under section 83(4) of the Act.