Evictly

Mohammad v WOODHOUSE

Tenant wins · Pickering · 2026-01-07

Adjudicator
Margo den Haan
Dispute
Maintenance, Personal Use
Notice
Personal use (N12)
Landlord
H.M.
Tenant
M.W., C.D.

What happened

The Landlord applied to terminate the tenancy for personal use, claiming he needed the basement unit to be closer to his workplace and to live near his sister, who resides in the upper unit. The Tenants challenged the application, alleging bad faith because the notice was served following maintenance complaints and a City inspection that declared the basement unit illegal. The Landlord had also previously attempted to evict the Tenants using informal letters and a prior N12 that was never followed through.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed because the Landlord failed to prove a good faith intention to occupy the unit. As the eviction was not granted, the Tenants are ordered to return the one-month rent compensation previously provided by the Landlord by January 31, 2026.