Patel v Choi Tam

Tenant wins · Scarborough · 2025-07-09

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

R.P.

Tenant

R.C.T., C.C.S., L.L.

Landlord rep

Alaa Nahhab

Tenant rep

Jie Situ

What happened

The Landlord applied to terminate the tenancy because they required the unit for the residential occupation of the Landlord's child for at least one year. The Landlord served an N12 notice with a termination date of April 30, 2025. However, the Landlord failed to pay the required compensation to the Tenants or offer an acceptable alternative unit before the termination date, which is a mandatory requirement under the Act.

The ruling

The Landlord's application for eviction for personal use was dismissed. Although the Landlord intended for their child to move into the unit, they failed to pay the mandatory one-month rent compensation required by law before the termination date of the N12 notice. Consequently, the Board could not issue an eviction order.