Lewis v Morren

Landlord wins · Burlington · 2025-07-08

Adjudicator

Melissa Anjema

Dispute

Compensation, Illegal Charge

Landlord

M.M., D.M.

Tenant

C.L., L.L.

What happened

Tenants applied for an order determining that the Landlords collected money illegally via an illegal rent increase and failed to provide required compensation for an N12 or N13 notice. During the hearing, the Tenants withdrew the illegal rent increase claim, acknowledging it was either past the limitation period or for an amount never paid. The central dispute was whether the Landlord's communication regarding a potential sale and 'reno-eviction' constituted a notice of termination requiring one month's rent as compensation.

The ruling

The Tenants' application was dismissed. The LTB found that the Tenants were not entitled to one month's rent compensation because no formal N12 or N13 notice was served. The Tenants chose to end the tenancy themselves by serving an N9 notice after the Landlord expressed an intent to sell the property. Expressing an intent to sell or serve a notice in the future does not trigger the compensation requirements of the Residential Tenancies Act.