Evictly

Gibson v Ardal

Tenant wins · Hamilton · 2024-09-04

Adjudicator
Dawn Carr
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
>$20K
Landlord
M.A.
Tenant
S.M.G., M.R.
Landlord rep
Amanda Montgomery

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice to terminate the tenancy for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord later listed the rental unit for sale, which triggered the reverse onus under the Residential Tenancies Act.

The ruling

The Landlord must pay the Tenants $29,148.97, which includes $27,420 for increased rent, $380.97 for moving expenses, and $1,300 for general compensation. The Landlord did not act in good faith when serving the N12 notice, as they later listed the rental unit for sale within a year of the Tenants vacating.