Reid v Singh

Tenant wins · Windsor · 2025-11-06

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

N.S., G.B., S.B.

Tenant

J.M.R., C.C.B.

What happened

The Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice for their child to occupy the unit shortly after the Tenants filed a successful maintenance application. Evidence presented by the Tenants, including photographs, neighbor testimony, and utility records showing a significant drop in water consumption, indicated that the child did not actually move into the unit. The Landlords failed to provide a credible explanation for the unit remaining empty.

The ruling

The Landlord and Tenant Board found that the Landlords issued an N12 notice in bad faith. The Tenants provided credible evidence that the unit remained empty after they vacated. The Landlords were ordered to pay the Tenants $15,398.40, which includes $15,350.40 for the increased rent costs incurred by the Tenants over a one-year period and the $48.00 application filing fee.