Lakhani v Potvin

Tenant wins · Ottawa · 2024-10-30

Adjudicator

Alexandre Traboulsi

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.L.

Tenant

R.P., D.P.G., Quinn Thiele Mineault Grodzki LLP

Landlord rep

Arashdeep Grewal

Tenant rep

Michael Thiele

What happened

Landlord applied to terminate the tenancy and evict the tenants because the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The tenants argued that the N12 notice was defective as the termination date was prior to the end of their fixed-term tenancy, which they claim they had exercised their renewal option to extend.

The ruling

The Landlord's application is dismissed as the N12 Notice was found to be defective. The Tenants are ordered to repay the N12 Compensation (one month's rent) to the Landlord by November 30, 2024, or they will start owing interest on the outstanding balance.