Md. Saiful Islam v Joshua Gallagher

Tenant wins · Scarborough · 2022-01-24

Adjudicator

Elle Venhola

Dispute

Personal use

Notice

Personal use (N12)

Landlord

M.S.I., F.K.

Tenant

J.G., S.G.

Landlord rep

Muhammad Alam

What happened

Landlords applied to terminate the tenancy and evict the Tenants because the Landlords require possession of the rental unit for the purpose of residential occupation. The Tenants objected, stating that the Landlords served the N12 Notice in bad faith to avoid repair issues and increase the rent.

The ruling

The Landlords' application was dismissed. The evidence showed the Landlords served the N12 Notice in bad faith, likely to evict the Tenants and increase the rent, rather than for the stated purpose of personal use.