Spence v Randall

Tenant wins · Gananoque · 2025-11-03

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

C.S.

Tenant

E.R., D.R.

Tenant rep

Cathy Easter

What happened

The Landlord applied for an order to terminate the tenancy for personal occupation. During the hearing, the Tenants' representative raised a preliminary issue regarding the Landlord's failure to provide mandatory one-month compensation as required by the Act. The Landlord claimed to have waived one month of rent via text message but provided no evidence to support this claim. Consequently, the application was dismissed for failing to meet statutory requirements.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Board found that the Landlord did not comply with the mandatory requirement to pay the Tenants one month's compensation or provide an acceptable alternative unit before the termination date specified in the notice. As compliance with Section 48.1 is a prerequisite for an eviction order under Section 83(4), the application cannot succeed.