Jones v Panton

Tenant wins · Brampton · 2025-05-14

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12), Non-payment of rent (N4)

Landlord

A.J.

Tenant

A.P.

Landlord rep

Shayna Walters

What happened

The Landlord applied to terminate the tenancy for personal use (occupation by the Landlord's child). The Landlord failed to pay the mandatory one-month compensation to the Tenant by the termination date of February 28, 2025. The Landlord initially relied on incorrect information from the LTB customer service line suggesting compensation wasn't necessary due to rent arrears. Although the Landlord later attempted to waive arrears as compensation via an update sheet in a separate L1 application, the Board found this was neither clearly communicated to the Tenant nor completed before the statutory deadline.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for personal use is dismissed. The Landlord failed to comply with the mandatory requirement to pay or credit the Tenant with one month's rent compensation on or before the termination date specified in the N12 notice.