Saggi v Lamme

Tenant wins · Brampton · 2025-09-05

Adjudicator

Vladimir Nikitin

Dispute

Demolition, Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Landlord

M.S.S., S.S.

Tenant

Y.S.L., E.P.

Landlord rep

Brenda Rizzo

What happened

The Landlords applied to terminate the tenancy to perform major repairs or renovations. They served an N13 notice citing renovations that would allow the Tenants to move back in. However, at the hearing, the Landlords revealed they actually intended to demolish the second basement unit to comply with a City order, which would permanently end the tenancy. The Tenants argued they were never compensated as required by the Act. The Landlords attempted to amend the notice at the hearing to reflect demolition instead of renovation.

The ruling

The Landlords' application to terminate the tenancy is dismissed. The N13 notice served was found to be fundamentally defective as it did not match the Landlords' actual plans for the unit, and the Landlords failed to pay the required compensation to the Tenants. The Landlords' request to amend the notice at the hearing was denied to preserve the fairness of the proceedings.