Larsen v Malleboni

Landlord wins · Scarborough · 2025-09-08

Adjudicator

Fabio Quattrociocchi

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

V.M., R.M.

Tenant

M.L., C.R.P.

Landlord rep

Harbir Singh

Tenant rep

Madina Nazari

What happened

Tenants applied for a determination that the Landlords gave a notice of termination (N12) in bad faith. The Tenants vacated the unit after receiving the N12, but later discovered the unit being advertised for rent by the bedroom on Facebook Marketplace. The Landlords argued that they moved into the unit as intended but had to leave for India due to unforeseen and deteriorating health conditions requiring medical treatment abroad.

The ruling

The Tenants' application for bad faith termination was dismissed. While the unit was advertised for rent within a year of the Tenants vacating, the Landlords successfully rebutted the presumption of bad faith by proving they intended to reside in the unit but were forced to relocate to India for unforeseen medical treatment.