Anderson v Kenlar Investments Inc.

Tenant wins · Amherstview · 2025-04-09

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction, Renovation, Major Repairs

Notice

Personal use (N13)

Amount

$10-20K

Landlord

Kenlar Investments Inc.

Tenant

D.A., K.G.

Landlord rep

Sherry Ali, James Moak

What happened

Tenants filed an application alleging their Landlord issued a Notice to End your Tenancy Because the Landlord wants to Demolish the Rental Unit, Repair it or Convert it to Another Use (N13) in bad faith. The Tenants had provided written notice of their intention to re-occupy the unit after the renovations, exercising their right of first refusal. The Landlord failed to allow them to move back in and instead re-rented the unit to new occupants. The Tenants sought compensation for moving expenses and other costs.

The ruling

The Board found the Landlord acted in bad faith by not allowing the Tenants to move back into the rental unit after renovations, despite the Tenants giving proper notice of their intent to return. The Landlord is ordered to pay the Tenants $10,931.87, which includes $10,878.87 for their reasonably incurred moving expenses to Nova Scotia and the $53.00 application fee. The Tenants' claims for rent differential and commuting costs were dismissed.