Al-Salem v Smith

Tenant wins · Whitby · 2025-11-20

Adjudicator

Joy Xiao

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.A., Z.H.

Tenant

Z.J.J.S., D.S.R.

Landlord rep

John Leonard Lambe

What happened

The Landlords applied for an order to terminate the tenancy and evict the Tenants, claiming they required the unit for their daughter's residential occupation for at least one year. The daughter testified she was attending a local university and planned to live in the unit. The Tenants challenged the application's good faith, providing evidence that the Landlords intended to renovate and sell the property. The LTB found that the Landlords failed to prove good faith and dismissed the application.

The ruling

The Landlord's application to evict the Tenants for personal use was dismissed because the Board found the application was not brought in good faith. Evidence showed the Landlords intended to renovate and sell the property shortly after the daughter moved in. Since the tenancy continues, the Tenants were ordered to repay the June 2025 rent which had been previously waived as N12 compensation.