Gunal v Koo

Tenant wins · Toronto · 2025-12-04

Adjudicator

Jane Dean

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.G.G.

Tenant

M.H.T.K., M.Y.K.

Landlord rep

Rajna Spaho, Kristjan Prenga

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for personal use (N12). An Affected Party claimed to be the actual tenant, but the adjudicator found her to be an 'affected person' rather than a tenant based on the lease. The application was ultimately dismissed because the Landlord failed to pay the mandatory one-month rent compensation by the termination date specified in the notice.

The ruling

The Landlord's application for eviction based on personal use (N12) is dismissed. Although the Landlord claimed to need the unit for personal residential occupation, he failed to pay the required one-month rent compensation by the October 31, 2025 termination date. His argument that he could not reach the Tenants via email was rejected as he had previously used registered mail successfully.