Mcgroarty v Clark

Tenant wins · Oakville · 2024-09-04

Adjudicator

Candace Aboussafy

Dispute

Personal Use, Substantial Interference

Notice

Personal use (N12)

Landlord

S.M.

Tenant

M.L.C.

Landlord rep

Nilo Grabar

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant, or someone the Tenant permitted in the building substantially interfering with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and 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 son.

The ruling

The Landlord's application is dismissed. The Adjudicator is not satisfied that the Landlord's son has a genuine intention to move into the rental unit, and finds that the Landlord's overriding intention is more likely to evict the Tenant to sell the property with the upper unit vacant.