Shuchat v John Davis
Tenant wins · Toronto · 2025-10-28
- Adjudicator
- Joy Xiao
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- T.S.
- Tenant
- C.J.D., J.R., L.J.
- Landlord rep
- Sheldon Weinles
- Tenant rep
- Rachel Wickham
What happened
The Landlord applied for an order to terminate the tenancy for personal use. At the hearing, a preliminary issue was raised regarding the Landlord's failure to pay the required one-month rent compensation by the termination date specified in the N12 notice. The Landlord admitted the compensation was not paid because the Tenant had not confirmed if they would move and because rent was still owed. The Adjudicator ruled that the statutory deadline for compensation is strict and mandatory. Consequently, the Landlord requested to withdraw the application.
The ruling
The Landlord's application to terminate the tenancy for personal use was withdrawn. The Landlord failed to meet the strict statutory requirement of paying one month's rent compensation to the Tenant by the termination date specified in the N12 notice, rendering the application unable to proceed under the Residential Tenancies Act.