Kerrigan v Vernon

Tenant wins · Newmarket · 2025-12-09

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.J.K.

Tenant

K.V., D.M.

Tenant rep

Joan Henderson

What happened

The Landlord applied to terminate the tenancy for personal use (N12 notice). At the hearing, the Tenants' representative raised a preliminary issue regarding the Landlord's failure to disclose all previous N12 notices served within the last two years as required by section 71.1(3) of the Act. The Board found that the Landlord had omitted two relevant prior notices in his application.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The dismissal was based on a preliminary procedural failure: the Landlord did not disclose multiple previous N12 notices in the application as required by the Residential Tenancies Act, 2006. This disclosure is mandatory to help the Board evaluate the Landlord's good faith.