Naughton and Presland Townhomes Ltd v Moroziuk

Landlord wins · Ottawa · 2025-04-15

Adjudicator

Dale Whitmore

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Amount

<$5K

Landlord

Naughton and Presland Townhomes Ltd

Tenant

J.M., S.M.

Landlord rep

Allan Kouri

What happened

The Landlord applied to terminate the tenancy to perform extensive renovations requiring vacant possession, based on an N13 notice. The Tenants contested the application, arguing they had not been paid the required compensation and that the work did not necessitate their departure. The Board found the Landlord had attempted to pay the compensation, which the Tenants refused due to a misunderstanding of their rights. The Board was satisfied that the planned renovations, including a full plumbing system overhaul, were extensive, genuine, and required an empty building, thus granting the Landlord's application.

The ruling

The tenancy is terminated effective May 31, 2025, to allow the Landlord to proceed with extensive renovations. The Tenants must vacate by this date. The Tenants are ordered to pay the Landlord $272.02, representing compensation for overholding from March 1 to April 3, 2025, after deducting the rent deposit and interest. The Tenants retain their right of first refusal to return to the unit at the same rent once the work is completed.