Nehmetallah v Fehr

Tenant wins · Leamington · 2025-10-03

Adjudicator

Colette Myers

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

T.N.

Tenant

C.F., S.F.

Landlord rep

Anthony Andary

Tenant rep

Justin Brodie Timms-Fryer

What happened

The Landlord applied to terminate the tenancy because his son intended to move into the rental unit for at least one year. The Landlord's son testified that he sold his home and is building a new house, needing a place to live in the interim. The Tenants, who have lived in the unit for 9 years and have 5 children, challenged the good faith of the application, alleging it was a pretext to increase rent. While the Adjudicator found the Landlord acted in good faith, they ultimately granted relief from eviction due to the Tenants' personal circumstances and the temporary nature of the son's intended occupancy.

The ruling

The Landlord's application to terminate the tenancy for personal use (N12) is dismissed. Although the Landlord proved his son genuinely intended to move in, the Board granted the Tenants relief from eviction due to their 9-year tenancy and the needs of their 5 children, noting that the son's housing need was only temporary while his new home was being built.