Executive Property Management v Gil
Tenant wins · Hamilton · 2022-02-09
- Adjudicator
- Douglas Wilkins
- Dispute
- Demolition
- Notice
- N13 Notice of Termination
- Landlord
- Executive Property Management
- Tenant
- M.G., M.R.
- Landlord rep
- Curtis Begg
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to plans to demolish the rental unit. The Landlord intended to lower the basement floor and deconvert the residential complex from four to two dwelling units to comply with an Order to Comply issued by the City of Hamilton.
The ruling
The Landlord's application is dismissed. The N13 notice was defective as it was not served on all tenants, and the proposed work does not constitute a demolition as the Tenant's unit will not be irrevocably destroyed or significantly changed, and the Tenant would be able to exercise a right of first refusal.