Zarei v Afsharian

Tenant wins · 2023-09-26

Adjudicator

D.L. Corbett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.Z., S.A.

Tenant

B.A., M.R.

What happened

Landlords applied to terminate the tenancy for personal use of the premises, but the LTB found that this was a misuse of the process and awarded the tenants compensation. The tenants appealed the LTB's decision, arguing they did not receive notice of the original hearing.

The ruling

The Divisional Court dismissed the landlords' appeal, finding no error in the LTB's conclusion that notice was properly given to the landlords. The court also noted that if the landlords had been present at the hearing and provided their account of events, the result would likely have been the same.