Wu v Barrelli

Tenant wins · Thornhill · 2025-09-09

Adjudicator

Amanda Kovats

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

C.J.W.

Tenant

A.R.B.

What happened

The Tenant requested a review of a previous LTB order that had granted the Landlord's application to terminate the tenancy for personal use. The Tenant argued that the Landlord's true intention was to evict him to sell the property empty for a higher profit. Upon review, the Member found a serious error in the previous adjudicator's failure to consider whether an intent to occupy for exactly one year solely to facilitate a sale constitutes 'residential occupation'. During the rehearing, the Landlord's credibility was questioned regarding her current living situation and her refusal to show her premises on camera.

The ruling

The review request was granted, and the previous order (LTB-L-078104-23) was cancelled. The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found the Landlord failed to demonstrate a genuine, good-faith intention to occupy the unit as a residence, noting significant credibility issues and inconsistent evidence regarding her housing needs and past attempts to sell the property.