Brown v Raju

Landlord wins · Scarborough · 2022-01-19

Adjudicator

Heather Chapple

Dispute

Bad faith eviction

Landlord

R.K., N.R.

Tenant

A.B., K.B.

Landlord rep

Alvin Chan

What happened

Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. Tenants vacated the rental unit based on Landlords' plan to demolish and rebuild, but the demolition was delayed and the property was rented to new tenants.

The ruling

The Tenants' application alleging bad faith termination by the Landlords was dismissed. The Board found that the Landlords had a genuine intention to demolish the rental unit at the time of giving notice, and the subsequent delay in demolition was due to unforeseen circumstances. The Landlords successfully rebutted the presumption of bad faith.