Hassan v Tunney

Tenant wins · Kitchener · 2025-08-19

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

F.H.

Tenant

J.T., R.H.

Landlord rep

Rosalva Clubine

Tenant rep

Shaun Harvey

What happened

The Landlord applied to terminate the tenancy for personal use. The Tenants' representative argued that the Landlord failed to pay the required compensation under section 48.1 of the Act. The Landlord contended that compensation paid for a previous, dismissed application should satisfy the requirement. The Board found that the Landlord did not clearly communicate the waiver of the previous debt to the Tenants before the termination date.

The ruling

The Landlord's application to evict the Tenants for personal use was dismissed. The Adjudicator ruled that the Landlord failed to fulfill the statutory requirement to compensate the Tenants by the termination date. Although the Landlord had previously paid compensation for a prior dismissed application, he did not inform the Tenants that those funds were being applied to the new N12 notice until after the termination date had passed.