Plett v Jenkins and Hicks

Tenant wins · Cambridge · 2025-08-07

Adjudicator

Elle Venhola

Dispute

Bad Faith Eviction, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

M.P., D.P.

Tenant

K.J., H.H.

Landlord rep

Howard Tavroges

Tenant rep

Tina Young

What happened

The Landlords applied to terminate the tenancy for personal use (N12 notice), claiming they intended to move from Saskatchewan back to Ontario to occupy the unit. The Tenants challenged the application, alleging bad faith. The Tenants provided evidence that the Landlords had previously attempted to secure a massive, illegal rent increase and had listed the property for sale on MLS during the application process. The Landlords claimed the sale listing was a realtor error and the interior photos were for refinancing, but the Board found these explanations implausible.

The ruling

The Landlords' application to evict the Tenants for personal use was dismissed. The Board found the Landlords acted in bad faith, noting they had tried to force an illegal rent increase and had listed the property for sale while the eviction application was pending. The Tenants were ordered to return the one-month rent compensation ($995.23) previously paid by the Landlords, as the tenancy is not being terminated.