Evictly

Murray v Crane

Tenant wins · Oakville · 2025-11-28

Adjudicator
Rachel Gibbons
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
A.M.
Tenant
M.C.
Tenant rep
Parul Ahluwalia

What happened

The Landlord applied to terminate the tenancy for personal use (N12). The Tenant challenged the application on the grounds that the Landlord failed to pay the required one month's compensation. The Landlord argued that she waived the rent for April 2025 as compensation, but the Tenant believed the Landlord was simply applying his last month's rent deposit to the final month of the tenancy.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Adjudicator found that the Landlord failed to provide the mandatory one month's rent compensation. The Landlord's attempt to waive the final month's rent was not clearly communicated, leading the Tenant to believe the Last Month's Rent deposit was being used instead.