Thai v Ojiambo

Landlord wins · Scarborough · 2025-07-14

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Amount

$5-10K

Landlord

T.D.T.

Tenant

R.O., S.N.

Landlord rep

Andrew McMaster

What happened

The Landlord applied to terminate the tenancy because they require the unit for personal residential use. The Tenants contested the application, alleging bad faith, harassment, and a failure by the Landlord to pay the required N12 compensation. A major point of contention was whether a previous compensation cheque, which the Tenants were ordered to return in a prior dismissed case, was instead cashed by the Tenants and thus constituted valid compensation for the current application.

The ruling

The LTB terminated the tenancy effective July 25, 2025, finding the Landlord required the unit for personal use in good faith due to aging. The Tenants were ordered to pay $9,823.46 in daily compensation for remaining in the unit after the N12 termination date, after deducting the rent deposit and interest. The Board rejected the Tenants' claim that compensation wasn't paid, finding they had cashed a previous cheque they were supposed to return.