Hebibasi v Good

Tenant wins · Niagara Falls · 2026-01-06

Adjudicator

Rachel Gibbons

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.H.

Tenant

A.G., T.W.

What happened

The Landlord applied to terminate the tenancy and evict the Tenants on the grounds that the Landlord required the rental unit for personal residential occupation. At the hearing, a preliminary issue arose regarding the validity of the N12 notice. The Board determined that the termination date provided in the notice was incorrect as it did not fall on the last day of a rental period, rendering the notice legally defective.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed because the N12 notice was found to be defective. The termination date on the notice (November 1, 2025) did not align with the end of the rental period, which is a mandatory requirement under the Residential Tenancies Act, 2006. The Board has no discretion to waive or alter this requirement.