Tailor v Akin

Tenant wins · Toronto · 2025-12-18

Adjudicator

Nicole Pedron

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.T.

Tenant

A.A.A., A.A.A.

Landlord rep

Sasha Ajodhia

What happened

The Landlord applied for an order to terminate the tenancy for personal use. However, during the hearing, it was determined that the N12 notice was not served at least 60 days before the termination date. The Landlord attempted to serve the notice via email without the required written consent for email service, and the alternative mail service was deemed effective too late to meet the statutory 60-day requirement. Consequently, the Landlord withdrew the application.

The ruling

The Landlord's application to terminate the tenancy was dismissed as withdrawn due to a defective N12 notice. The notice failed to provide the required 60-day warning period because email service was invalid without written consent and mail service was deemed effective too late. The Tenants were ordered to return the uncashed one-month compensation cheque to the Landlord by September 30, 2025.