A.M v M.B

Tenant wins

Dispute

Maintenance, Personal Use

Notice

Personal use (N12)

Landlord

A.

Tenant

M.

Landlord rep

C.K

Tenant rep

D.M

What happened

Landlord applied to terminate tenancy and evict Tenant, claiming the rental unit was required for residential occupation by the Landlord's stepson. The Tenant argued that the Landlord's real intention was to avoid complying with previous Board orders requiring repairs to the unit.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant was dismissed. The Board was not satisfied that the Landlord had a good faith intention for his stepson to move into the unit, citing contradictory evidence, lack of solid plans, and strong financial incentives for the Landlord to evict the Tenant due to outstanding repair orders and monetary awards.