Butt v Naqvi

Landlord wins · Mississauga · 2024-11-15

Adjudicator

Jagger Benham

Dispute

Non-payment of Rent, Personal Use

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

<$5K

Landlord

M.Y.B.

Tenant

A.N.

Landlord rep

Wajeeha Faiz

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent and the Landlord's good faith requirement of the rental unit for personal use. The Tenant initially challenged the rent arrears, but it was determined that the Tenant had paid the rent within the period claimed in the N4 notice. The Landlord then proceeded with the application for arrears only. The Landlord also served a valid N12 notice for personal use, and the Tenant agreed to being provided a compensation cheque, though he did not cash it.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent was granted, with the Tenant ordered to pay $4,686 in rent arrears and application costs. The Landlord's separate application to terminate the tenancy for personal use was also granted, with the Tenant ordered to vacate the unit by January 31, 2025. The Tenant was granted an extension until the end of January 2025 to vacate the unit, as the Landlord's need for personal use was not found to be urgent.