REIS v SHERIDAN

Tenant wins · Kitchener · 2025-05-13

Adjudicator

Alicia Johnson

Dispute

Renovation, Major Repairs

Notice

Major repairs or renovations (N13)

Landlord

T.R., T.H.

Tenant

K.S., D.H.

Tenant rep

Tenant Duty Counsel

What happened

The Landlords applied to terminate the tenancy to perform extensive renovations, including plumbing, insulation, and HVAC upgrades. The Tenants contested the application, questioning the necessity of vacant possession and alleging the Landlords intended to re-rent at a significantly higher rate due to increased mortgage costs. The Tenants also raised a preliminary issue regarding the Landlords' failure to disclose multiple prior N13 notices issued since 2022.

The ruling

The Landlords' application to terminate the tenancy for major renovations was dismissed. Although the adjudicator accepted the Landlords' intent was in good faith, the Landlords failed to provide sufficient evidence that vacant possession was required and failed to secure all necessary building permits prior to the hearing. The Tenants were ordered to return an uncashed compensation cheque for one month's rent.