Valiyaparambath v Bruce
Tenant wins · Cambridge · 2024-09-13
- Adjudicator
- Mark Melchers
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- A.V., B.K.
- Tenant
- W.B.
- Landlord rep
- Brittany Colley
- Tenant rep
- Shaun Harvey
What happened
The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
The ruling
The Landlord's application is dismissed because the N12 notice of termination upon which the application is based is invalid. The Landlords did not have the purchaser's consent to serve the N12 notice at the time it was served, as required by subsection 49(1) of the Residential Tenancies Act, 2006.