Evictly

Rayat v Lewandowska

Tenant wins · Brampton · 2025-06-18

Adjudicator
Panagiotis Peter Roupas
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
S.R., R.R., H.B.
Tenant
M.L., H.L.
Landlord rep
Harpreet Luthra

What happened

The Landlords applied to evict the Tenants for personal use after serving an N12 notice. The application was dismissed because the Landlords failed to pay the mandatory one-month's rent compensation for this specific notice. The Landlords argued that a payment made for a previous, separate N12 application fulfilled the requirement, but the Board disagreed, stating the compensation from the prior case could not be applied to the current one.

The ruling

The Landlords' application for an order to terminate the tenancy for personal use is dismissed. The dismissal was based on the Landlords' failure to pay the Tenants one month's rent as compensation for the N12 notice issued for this application, a mandatory requirement under the Residential Tenancies Act.