Evictly

Brown v Vermee, Patrick

Tenant wins · Kearney · 2021-11-01

Adjudicator
Sonia Anwar-Ali
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
D.B.
Tenant
C.V., D.P.
Landlord rep
Martin Calderon
Tenant rep
Meghan MacDonald

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The N12 notice of termination given to the Tenants failed to identify the rental unit.

The ruling

The Landlord's application is dismissed without prejudice. The Tenants shall return to the Landlord the one month's compensation paid to the Tenants pursuant to section 48.1 of the Act, on or before October 22, 2021. If the Tenants fail to comply, the outstanding balance shall become immediately due and owing and the Tenants will start to owe interest.