Millar v Smith

Tenant wins · Sudbury · 2025-05-01

Adjudicator

Panagiotis Peter Roupas

Dispute

Renovation, Major Repairs

Notice

Repairs/Renovations (N13)

Landlord

L.T.M., M.J.M.

Tenant

S.S.

Tenant rep

Allison Woods

What happened

The Landlords applied to evict the Tenant to perform major renovations, based on an N13 notice. The application was dismissed because the Landlords failed to pay the required compensation (equivalent to three months' rent) to the Tenant by the termination date specified in the notice. This payment is a mandatory requirement under the Act for a residential complex with five or more units.

The ruling

The Landlords' L2 application to terminate the tenancy for the purpose of major renovations is dismissed. The tenancy shall continue. The dismissal was due to the Landlords' failure to fulfill their statutory obligation to pay the Tenant compensation by the termination date set out in the N13 notice.