Uddin v Blumbergs

Tenant wins · Whitby · 2025-09-22

Adjudicator

Robert Patchett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

N.U.

Tenant

C.B.

Landlord rep

Ze Hao Liu

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for personal use. However, the application was dismissed because the Landlord's representative made a false declaration regarding prior N12 notices served in the past two years. The Landlord failed to disclose that other notices had been served to occupants of the lower unit in the same complex, violating mandatory disclosure requirements under Section 71.1(3) of the Act.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The dismissal is based on the Landlord's failure to comply with mandatory disclosure requirements regarding previous N12 notices and the filing of a false declaration by the Landlord's representative. No order for repayment of compensation was made as the Landlord declined to make submissions on that matter.