CHEN v WILLIAMS

Tenant wins · Toronto · 2025-08-27

Adjudicator

Robert Patchett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

Y.C.

Tenant

M.W.

Landlord rep

Rong Yu

What happened

The Landlord applied for an order to terminate the tenancy for personal occupation. The Tenant challenged the validity of the N12 notice, arguing it was not received at least 60 days before the termination date. The discrepancy arose from an incorrect postal code used by the Landlord on the envelope, which allegedly delayed delivery. The Board examined evidence from Canada Post and determined the Landlord failed to prove timely service.

The ruling

The Landlord's application to terminate the tenancy was dismissed. The Board found the Landlord failed to prove that the Tenant received the N12 notice at least 60 days before the termination date, primarily due to an incorrect postal code and conflicting evidence regarding the mailing date. Furthermore, the Board refused to order the Tenant to return the $1,919.00 in compensation previously paid by the Landlord.