Tao v Fietkau

Tenant wins · Toronto · 2022-01-26

Adjudicator

Daniel Berube

Dispute

Personal use

Notice

Personal use (N12)

Landlord

N.T.

Tenant

L.S., R.S., S.A.F.

Landlord rep

Roderic McRandall

What happened

Landlord applied to terminate the tenancies and evict the Tenants because the Landlord had entered into an agreement of purchase and sale for the property, and the purchaser required possession of the rental units for the purpose of residential occupation. The Tenants argued that the purchaser did not genuinely require possession for their own use.

The ruling

The Landlord's application was dismissed because the Landlord failed to provide the required compensation to the Tenants, and the Landlord was aware that the purchaser did not have a genuine intention to occupy the units for their own use.