VAN DER MEIDEN v MONIZ
Tenant wins · Hamilton · 2024-02-20
- Adjudicator
- Emily Robb
- Dispute
- Tenant'S Right Of First Refusal
- Notice
- N13 Notice of Termination
- Amount
- $10-20K
- Landlord
- K.M.
- Tenant
- H.V.D.M.
- Landlord rep
- A. Hamdani
- Tenant rep
- K. Farrell
What happened
Tenant applied for an order determining that the Landlord was required to allow the Tenant to move back into the unit under section 53 of the Residential Tenancies Act, 2006 and failed to do so. The Landlord had given the Tenant an N13 Notice of Termination to carry out major renovations, and the Tenant notified the Landlord of his intention to move back in once the renovations were complete, but the Landlord did not allow the Tenant to move back in.
The ruling
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord was required to allow the Tenant to move back into the unit under section 53 of the Act, but failed to do so. The Tenant is awarded $6,790.08 for increased rent, $5,000 for general compensation, and the Landlord is ordered to pay a $1,000 administrative fine.