Harkamal v Moncada

Tenant wins · Oakville · 2025-09-22

Adjudicator

Jagger Benham

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

H.K.H.

Tenant

A.M., A.M.

What happened

The Landlord applied for an eviction order claiming they required the rental unit for personal occupation for at least one year. An initial order was issued in favor of the Landlord. The Tenants requested a review of that order, arguing that the Notice of Termination (N12) was defective because it listed a termination date that did not align with the end of the tenancy period. The review member found that the previous adjudicator erred by applying the 'substantial compliance' rule to a mandatory notice period requirement.

The ruling

The Tenants' request for review is granted, and the previous eviction order is cancelled. The Landlord's application to terminate the tenancy is dismissed because the N12 notice provided was legally defective due to an incorrect termination date.