Warrington v Kreeft

Tenant wins · Smiths Falls · 2025-05-08

Adjudicator

Kyle McGraw

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

T.W.

Tenant

E.A.L.K.

Landlord rep

Jenna Schroeder Deforge

Tenant rep

Linda Tranter

What happened

The Landlord applied to terminate the tenancy and evict the Tenant on the grounds that he had sold the property and the purchaser required possession for residential occupation. The Tenant contested the validity of the N12 notice, arguing that it was served prematurely before a written agreement of purchase and sale (APS) existed. The evidence showed the N12 was served on April 8, 2024, while the written APS was not signed until April 10, 2024. The Landlord claimed an oral agreement had been reached in December 2023, but the Board found this lacked specificity and that land contracts must be in writing under the Statute of Frauds.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The N12 notice served by the Landlord was found to be invalid because it was served two days before the written agreement of purchase and sale was executed, which violates the requirement under section 49(1) of the Residential Tenancies Act, 2006.