Vamvakas v Sakar

Tenant wins · Toronto · 2025-07-07

Adjudicator

Nancy Morris

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

R.V., N.V.

Tenant

N.S.

Landlord rep

J. Andersen

Tenant rep

F. Salim

What happened

Landlord 1 originally applied to terminate the tenancy for personal use. After the application was dismissed and a review was requested, Landlord 1 passed away. Landlord 2, the daughter and heir, sought to continue the application, claiming she now intended to occupy the unit. The Tenant argued that the N12 notice was specific to Landlord 1's intent and became invalid upon her death.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The N12 notice served by the deceased Landlord 1 was for her own use. Since she passed away, that specific intention is moot. The current Landlord 2 (the heir) cannot 'inherit' the intent of the notice; a new notice would be required if she wishes to move in herself.