Omarzavi v EBRAHIMI

Tenant wins · Pickering · 2025-07-14

Adjudicator

Panagiotis Peter Roupas

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

N.O.

Tenant

K.E., M.E.

Landlord rep

Vijayant Sood

Tenant rep

Marc Z. Goldgrub

What happened

The Landlord applied for an order to terminate the tenancy for personal use (residential occupation). A preliminary issue was raised by the Tenants regarding a false declaration in the application. The Landlord had indicated in the application that no prior N12 or N13 notices had been served within the last two years, which was proven to be incorrect. The Landlord's legal representative admitted awareness of a previous notice but argued it was an unintentional omission. The LTB found that the application was false and misleading, violating mandatory disclosure requirements.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed because the Landlord filed a false declaration regarding previous eviction notices. Under the Residential Tenancies Act, disclosure of prior notices is mandatory. Consequently, the Tenants are ordered to repay any compensation previously provided by the Landlord for the N12 notice within 30 days. If the repayment is not made by August 14, 2025, interest will accrue at a rate of 4.00% annually.