Mehta v Desmond

Tenant wins · Brampton · 2022-03-07

Adjudicator

Greg Joy

Dispute

Personal use

Notice

Personal use (N12)

Landlord

M.M.

Tenant

D.C.D., K.L.D.

Landlord rep

Shikha Kapoor

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for personal use. The application was dismissed due to the Landlord's failure to include the required affidavit with the initial application.

The ruling

The Landlord's application for termination of tenancy and eviction of Tenants for personal use of the rental unit was dismissed. The Board found that the Landlord failed to include the required affidavit with the initial application as mandated by Section 71 of the Residential Tenancies Act.