Evictly

Cheng v Sherif

Tenant wins · Mississauga · 2025-12-03

Adjudicator
Carrie Bertrand
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
P.Y.C.
Tenant
M.S., S.H.G.
Landlord rep
Zi Yi Liu
Tenant rep
Bavithra Vigneswarajah

What happened

The Landlord applied for an order to terminate the tenancy for personal use, intending for a parent to occupy the unit. During the hearing, it was revealed that the property is owned by two individuals, but only one Landlord was named on the N12 notice and the application. The Tenants argued that the notice was defective as it omitted the second owner, preventing a full assessment of the good faith requirements for all legal landlords.

The ruling

The Landlord's application for termination based on personal use is dismissed. The N12 notice was found to be defective because it only named one of the two legal owners of the property. The Tenants are ordered to return the $2,970.45 compensation bank draft to the Landlord by December 15, 2025.