Perryman v Feijo

Landlord wins · Mississauga · 2025-09-10

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

L.P.

Tenant

J.A.J.F.

Landlord rep

George Brown

What happened

The Landlord applied for an order to terminate the tenancy because he requires the rental unit for his daughter to move in and provide care for his spouse, who suffers from dementia. The Landlord also applied for rent arrears (L9 application). A preliminary issue was raised regarding technical errors on the N12 notice where check-boxes were missed, though the descriptive text was clear. The Tenant admitted he understood the intent of the notice and did not contest the Landlord's good faith. The matter was reassigned to a new adjudicator after the original hearing member was unable to issue a decision, resulting in a 13-month delay from the hearing date to the final order.

The ruling

The LTB terminated the tenancy effective September 21, 2025, for the Landlord's daughter to use the unit to care for her mother. The Tenant is ordered to pay $2,900.00 in arrears and compensation for use of the unit up to August 31, 2024, plus daily compensation of $36.16 until he vacates. Relief from eviction was denied due to the excessive delay in the case being decided after the hearing.