Annandsingh v Hobden
Tenant wins · St. Thomas · 2025-04-17
- Adjudicator
- Mark Melchers
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- G.A., G.A.
- Tenant
- D.H.
- Tenant rep
- Rebekah Ryersee
What happened
The Landlords applied to evict the Tenant for personal use. The Tenant's representative raised a preliminary issue that the N12 notice filed with the Board was different from the one served on the Tenant. The Board found it lacked jurisdiction because the application was based on a notice that was not served on the Tenant, and therefore dismissed the application. The Tenant was ordered to return the compensation previously paid by the Landlords.
The ruling
The Landlords' application to evict the Tenant for personal use is dismissed. The Board found it lacked jurisdiction because the N12 notice filed with the application was different from the one served on the Tenant. The Tenant is ordered to repay the Landlords $709.30, which was the compensation for the N12 notice.