Thorley v Gallant

Tenant wins · Consecon · 2025-08-21

Adjudicator

Sean Ramage

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

P.T.

Tenant

K.G., S.W.

What happened

The Landlord applied for an order to terminate the tenancy for personal use (occupation by a spouse’s child). However, the Landlord failed to pay the required one-month rent compensation to the Tenants by the termination date specified in the N12 notice. The Landlord argued that compensation was withheld because the Tenants had not yet vacated the property.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The dismissal was based on the Landlord's failure to provide the mandatory one-month rent compensation to the Tenants by the termination date of June 30, 2025, as required by the Residential Tenancies Act.