Velauthapillai v Matthews
Tenant wins · Scarborough · 2021-12-29
- Adjudicator
- Elle Venhola
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- J.V.
- Tenant
- H.M.
- Landlord rep
- Thiru Sivapatham
- Tenant rep
- Dan McIntyre
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation by her adult son.
The ruling
The Landlord's application is dismissed. The Landlord failed to establish that the Landlord's son genuinely requires possession of the rental unit and intends to occupy it for at least one year. Even if the Landlord had established good faith, the Tenant's family circumstances warrant discretionary relief from eviction.