Evictly

Siddiqui v Williams

Tenant wins · Brampton · 2025-07-25

Adjudicator
Joshua Labbe
Dispute
Persistent Late Payment, Personal Use
Notice
Persistent late payment (N8), Personal use (N12)
Landlord
M.S.
Tenant
D.W., A.B.
Landlord rep
Sumail Chahal

What happened

The Landlord applied to terminate the tenancy based on persistent late payment of rent and the need for the unit for personal residential occupation. At the hearing, the Tenants raised a preliminary objection regarding the validity of the N8 and N12 notices. The Tenants argued that because their rent is due on the 24th of each month, the termination date listed as November 30, 2024, did not coincide with the last day of a rental period. The Adjudicator determined that notice termination dates are statutory requirements that cannot be waived or modified by the Board, resulting in the dismissal of the application.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants was dismissed due to defective N8 and N12 notices. The termination dates provided in the notices did not align with the end of the Tenants' monthly rental period, and the Board found it had no legal authority to waive this technical requirement.