Panag v Bowlby
Landlord wins · Brantford · 2025-06-04
- Adjudicator
- Colette Myers
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- A.P., G.K.P.
- Tenant
- J.B.
- Landlord rep
- Jackie Struthers
What happened
Landlords filed an application to terminate the tenancy for personal use, as they required the rental unit for their mother. The Tenant contested the application, alleging it was a retaliatory eviction in response to her filing previous maintenance applications against the former landlord. The Board found the Landlords' intention to be genuine and in good faith, dismissing the retaliation claim. However, relief from eviction was granted, postponing the move-out date.
The ruling
The Board granted the Landlords' application to terminate the tenancy for personal use by their mother. The Board found the Landlords acted in good faith and the N12 notice was not retaliatory. However, considering the Tenant's long 11-year tenancy and her role as a caregiver for a roommate with a brain injury, the Board exercised its discretion under section 83 to postpone the eviction to August 31, 2025. The Tenant was ordered to pay $1,276.08, representing compensation arrears minus interest owed on the rent deposit.