Vanfleet v Ishaq Khan

Tenant wins · Milton · 2025-05-06

Adjudicator

James Campbell

Dispute

Bad Faith Eviction

Notice

Personal use (N12), Agreement to Terminate (N11)

Amount

$10-20K

Landlord

M.I.K.

Tenant

T.V., J.C.V.

Landlord rep

Urooj Siddiqui, Jaleel Waris Siddiqui

What happened

The Tenants filed an application alleging the Landlord served a notice for personal use (N12) in bad faith. After receiving the N12, the Tenants, facing hardship due to recent surgery, requested an extension. The Landlord's representative agreed to a 5-month extension in exchange for an extra $400/month rent and required the Tenants to sign an Agreement to End the Tenancy (N11). The Landlord's daughter did not move into the unit as stated in the N12, and the unit remained vacant for a year. The Tenants vacated the unit at the end of the extended period.

The ruling

The Landlord is ordered to pay the Tenants a total of $19,922.05. This amount comprises $11,480 for one year's rent differential, $1,389.05 for moving expenses, $7,000 in general compensation, and the $53 application fee. The payment is due by July 31, 2025, with 5% annual interest on any unpaid balance thereafter. The adjudicator found the Landlord acted in bad faith by serving an N12 notice and then coercing the Tenants into signing an N11 and paying extra rent for an extension.