LTB Order LTB-T-076002-22

O. under Subsection 135 2023 ONLTB 73729 (CanLII) Residential Tenancies Act, 2006 Citation: W. v S., 2023 ONLTB 73729 Date: 2023-11-09 File Number: LTB-T-076002-22 In the matter of: 629 MCCONACHIE COMMON BURLINGTON ON L7L0E1 Tenants Between: R. W. S. G. A. L. K. S. R. W. A. S. G. (the 'Tenants') A. F. an O. D. T. K. S. (the 'L.') collected or retained money illegally. This application was heard by videoconference on October 31, 2023. The L. A. the Tenants attended the hearing. Determinations: 1. The issue in this application is whether or not the Tenants were entitled to receive one month’s rent as compensation because the L. served them with a Notice to End Tenancy Because the L., a Purchaser or a Family Member Requires the Rental Unit (N12 Notice). 2. As explained below, the L. gave the Tenants a notice of termination under section 48 of the Residential Tenancies Act, 2006 (the 'Act') A. did not pay the Tenants the compensation required by section 48.1 of the Act. Therefore, the L. must pay to the Tenants $1,800.00 representing the amount equal to one month’s rent as compensation F. giving the Tenants this Notice. 3. The Tenants are also entitled to $53.00 F. costs of filing the application. 4. Subsection 48(1) of the Act states:  (1) A L. may, by notice, terminate a tenancy if the L. in good faith requires possession of the rental unit F. the purpose of residential occupation F. a period of at least one year by, (a) the L.; 2023 ONLTB 73729 (CanLII) O. Page 1 of 3 File Number: LTB-T-076002-22 (b) the L.’s spouse; (c) a child or parent of the L. or the L.’s spouse; or (d) a person who provides or will provide care services to the L., the L.’s spouse, or a child or parent of the L. or the L.’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 5. Section 48.1 of the Act states: A L. shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the L. gives the tenant a notice of termination of the tenancy under section 48. Emphasis Added 6. There was no dispute T. on May 1, 2021, the L. served the Tenants an N12 Notice via email with a termination date of June 30, 2021 stating T. the L.’s child intends to move into the rental unit A. occupy it F. at least one year. 7. The Tenants testified T. after receiving the N12 Notice they immediately began looking F. another unit A. on May 5, 2021 they signed a new tenancy agreement F. another unit A. vacated on June 30, 2021. 8. The L. testified, A. there was no dispute, T. on May 14, 2021 she emailed the Tenants to advise T. “her son changed his mind A. confirmed T. the doesn’t wasn’t to move in F. now… so, if you guys want, you can stay on a monthly basis.” 9. Regardless of this change of circumstance, in accordance with section 48.1 of the Act a L. is required to compensate a tenant an amount equal to one month’s rent once a notice of termination is given. There was no dispute T. the L. gave the Tenants an N12 Notice pursuant to section 48 of the Act. Consequently, I find T. the L. has illegally retained compensation owed to the Tenants. It is ordered T.: 1. The total amount the L. shall pay the Tenants is $1,853.00. This amount represents: o $1,800.00 F. the compensation owing. o $53.00 F. the cost of filing the application. 2023 ONLTB 73729 (CanLII) 2. The L. shall pay the Tenants the full amount owing by November 20, 2023. 3. If the L. does not pay the Tenants the full amount owing by November 20, 2023, the L. will owe interest. This will be simple interest calculated from November 21, 2023 at 7.00% annually on the balance outstanding. . File Number: LTB-T-076002-22 November 9, 2023 Date Issued ____________________________ 15 Grosvenor Street, Ground Floor Lisa Del Vecchio Toronto ON M7A 2G6 Member, L. A. Tenant Board If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332- 3234. .