Bale v Budgell

Tenant wins · Trenton · 2025-11-06

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

V.R.B., S.B.

Tenant

C.B., C.B., T.K.

Landlord rep

Sophia Clardine Williams

Tenant rep

Wallace Roy

What happened

Landlords applied to terminate the tenancy for personal use, claiming their son intended to occupy the rental unit. The Tenants challenged the application, alleging bad faith and retaliation for maintenance complaints made to bylaw enforcement. The Board found the Landlords failed to demonstrate a genuine residential intent and that the timing of multiple N12 notices suggested an attempt to circumvent dealing with the Tenants' complaints.

The ruling

The Landlords' application to evict the Tenants for personal use was dismissed. The Board determined that the Landlords acted in bad faith, using the N12 notice as a response to the Tenants' maintenance complaints rather than a genuine need for the unit. Because the eviction was denied, the Tenants must return the $950.00 statutory compensation paid by the Landlords by November 17, 2025.