Vandervelde v Bennett
Tenant wins · Belleville · 2025-10-01
- Adjudicator
- Panagiotis P. Roupas
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- D.V.
- Tenant
- T.B.
- Landlord rep
- Lorrie McCullough
- Tenant rep
- Dara Saunders
What happened
The Landlord applied for an order to terminate the tenancy for the purpose of his child moving into the rental unit. A preliminary issue was raised regarding the statutory declaration filed with the application. The Adjudicator found that the declaration did not meet the mandatory requirements of the Act because it failed to certify that the person requiring the unit intended to reside there for at least one year. Consequently, the application was dismissed for non-compliance with procedural requirements.
The ruling
The Landlord's application to terminate the tenancy for personal use is dismissed due to the failure to file a valid declaration at the time of application. The Tenant is ordered to return the N12 compensation previously paid by the Landlord by October 12, 2025.