Ramin v Gervais
Tenant wins · Hornepayne · 2025-05-30
- Adjudicator
- Karen Gonçalves
- Dispute
- Demolition
- Notice
- Demolition (N13)
- Landlord
- F.R.
- Tenant
- D.G.
- Landlord rep
- Oleksandr Pichugin
- Tenant rep
- Nathan Chevalier
What happened
The Landlord filed an application to evict the Tenant to demolish the rental unit, which is one of four units in a building. The Landlord intended to combine the four units into two larger units to house his company's employees. The Tenant challenged the application, arguing the work constituted a renovation, not a demolition, which would grant her the right to return to the unit.
The ruling
The Landlord's application to evict the Tenant for the purpose of demolition is dismissed. The Board found that the proposed work to reconfigure the four-plex into two units constitutes a major renovation, not a demolition, under the Residential Tenancies Act. This distinction is crucial as it preserves the Tenant's right to return to the unit after the work is complete. Therefore, the N13 notice for demolition was invalid for this purpose.