MacGregor v Abdul-Aamid

Tenant wins · London · 2024-05-24

Adjudicator

E. Patrick Shea

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

R.A.

Tenant

C.M., C.M.

Landlord rep

Timothy Mobberley

Tenant rep

Shawn Wayland

What happened

Tenants applied for an order determining that the Landlord gave an N12 notice in bad faith. The Landlord delivered an N12 notice dated December 21, 2021 with a February 28, 2022 termination date, indicating the Landlord's child would be moving into the unit. The Tenants signed an N11 agreement on December 30, 2021 to vacate the unit by April 30, 2022, and the parties also signed Minutes of Settlement where the Landlord agreed to pay the Tenants $1,716 upon receiving vacant possession. The Tenants vacated the unit on March 31, 2022, but the Landlord's child did not move into the unit.

The ruling

The Tenants vacated the unit 'as a result' of the N12 notice, the Landlord's child did not occupy the unit within a reasonable time, and the Landlord delivered the N12 notice in bad faith. The Landlord is ordered to pay the Tenants $8,772 for increased rent, $535 for moving and storage costs, $2,500 in general compensation, and $1,716 in unpaid compensation under the RTA. The Landlord is also ordered to pay a $2,500 administrative fine and $50 in board costs.