McGilveary v Knapp

Tenant wins · Chesley · 2024-09-20

Adjudicator

Alexandre Traboulsi

Dispute

Personal Use

Notice

Personal use (N12)

Amount

$5-10K

Landlord

S.M.

Tenant

K.K., A.W.

Landlord rep

Matthew Varao

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's child, Chloe McGilveary.

The ruling

The Landlord's application is dismissed as the Landlord has failed to demonstrate on a balance of probabilities that their child in good faith intends to move into the unit for a period of one year. The Tenant shall pay to the Landlord, on or before December 31, 2024, the amount equal to one month's rent, which was given to the Tenant by the Landlord in satisfaction of the required compensation under s. 48.1 of the Act.