Brown v Gauthier

Tenant wins · Newmarket · 2025-07-04

Adjudicator

Alicia Johnson

Dispute

Damage to Property, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

J.B.

Tenant

R.G., W.T.

Tenant rep

Steven Li

What happened

The Landlord applied to terminate the tenancy for personal use, claiming he needed to occupy the unit due to a marital separation. He also claimed costs for cleaning the property. The Tenants contested the application on the grounds of bad faith, citing the Landlord's previous attempts to terminate the tenancy and his past statements regarding his intent to sell the property for financial reasons.

The ruling

The Landlord's application for termination and eviction based on personal use was dismissed as the Board found the application was brought in bad faith. The Landlord's claim for cleaning costs was also dismissed due to a lack of evidence. Consequently, the Tenants are ordered to return the $1,200.00 compensation previously paid to them by the Landlord for the N12 notice.