Hill v El Abbas

Landlord wins · Toronto · 2025-11-07

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

L.K.

Tenant

E.H., S.M., M.S.V.B.

What happened

The Tenants filed a T5 application alleging that the Landlord and Purchaser served an N12 notice of termination in bad faith. The Tenants vacated the unit following the notice. It was discovered that the Purchaser advertised the unit for rent approximately six months after the Tenants moved out. The core issue was whether the Purchaser had a genuine intention to occupy the unit at the time the notice was given and the Tenants vacated.

The ruling

The application was dismissed. The Board found that the Purchaser acted in good faith, having occupied the unit for six months before relocating for employment. The Tenants failed to prove that the notice was served in bad faith.