Koledin v Hewlett

Tenant wins · North York · 2021-11-08

Adjudicator

Susan Priest

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

I.K.

Tenant

C.H.

Landlord rep

Joshua Edmunds

Tenant rep

Samual Pevalin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord claimed she wants to reclaim the basement unit for the same purposes as before the Tenant moved in, and that she suffers from arthritis and has difficulty navigating stairs.

The ruling

The Landlord's application is dismissed. The Adjudicator is not persuaded that the Landlord served the N12 notice in good faith, and instead finds that the N12 was served to rid the Landlord of this Tenant and not necessarily for the purpose of the Landlord's own use.