Pavan v Forgie
Tenant wins · Hamilton · 2025-12-08
- Adjudicator
- Benjamin Seigel
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- D.A.P.
- Tenant
- M.F.
What happened
The Landlord applied to terminate the tenancy for personal use. However, the Landlord made an error in the filing portal, resulting in the Notice of Hearing being sent to an incorrect address. Furthermore, the Tenant had already vacated the unit mid-October 2025, rendering the termination request moot. The Landlord attempted to proceed with a claim for daily compensation, but since the Tenant was not properly served with the notice and had not consented to email service, the adjudicator dismissed the application.
The ruling
The application is dismissed. The request for termination is moot as the Tenant has already moved out. The request for compensation cannot proceed because the Tenant was not properly served with the Notice of Hearing due to the Landlord's filing errors and a lack of consent for email service.