O'Sullivan v Sutherland
Tenant wins · North York · 2025-07-31
- Adjudicator
- Eric Groulx
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- N.O.
- Tenant
- A.S.
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant on the grounds that he required the rental unit for personal residential occupation. The Tenant remained in possession of the unit. During the hearing, the Landlord provided inconsistent testimony regarding whether the unit was for himself or his son. Additionally, the Landlord failed to pay the mandatory one-month compensation to the Tenant and failed to provide a valid declaration from the intended occupant as required by law.
The ruling
The Landlord's application to terminate the tenancy for personal use was dismissed. The adjudicator ruled that the Landlord failed to pay the required compensation to the Tenant before the termination date and provided a deficient declaration. Inconsistent testimony regarding the intended occupant also contributed to the dismissal of the application.