Rusk v Thorne

Landlord wins · Cambridge · 2025-06-12

Adjudicator

Madeline Ntoukas

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

T.T.

Tenant

N.R.

Landlord rep

Jorge Andres Steinmetz

What happened

The Tenant filed a T5 application alleging the Landlord served an N12 notice for a purchaser's own use in bad faith. The tenancy was initially exempt from the RTA as the Tenant shared kitchen and bathroom facilities with the Landlord's son. The RTA applied after the son moved out. The application was dismissed because the Tenant testified she moved out due to alleged harassment and lack of privacy, not as a result of the N12 notice, failing to meet a key requirement for a bad faith claim under section 57 of the Act.

The ruling

The Tenant's application, which claimed the Landlord issued a notice of termination for a purchaser's own use (N12) in bad faith, is dismissed. The decision was based on the Tenant's own testimony that she vacated the rental unit not because of the N12 notice, but due to a lack of privacy and alleged harassment. As vacating as a result of the notice is a required element for a bad faith claim under section 57 of the Act, the application failed.