Shafiq v Hachey

Landlord wins · Welland · 2025-08-08

Adjudicator

Kyle McGraw

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

Z.S.

Tenant

D.T.H., R.L.M.

Landlord rep

Anthony Spadafora

What happened

The Landlord applied to terminate the tenancy because his father and stepmother require the unit for residential occupation. A previous application for the same reason was dismissed three years ago because the Landlord had re-rented a neighboring unit (203 Lincoln) instead of giving it to his father. The Landlord now argues that financial circumstances have changed, as his father is retired and can no longer afford the current rent he pays to the Landlord. The Tenant contested the application, alleging bad faith and suggesting the Landlord intended to re-rent the unit at a higher price, citing a 'cash for keys' deal made with a neighbor.

The ruling

The tenancy is terminated effective September 30, 2025. The Landlord established that his father intends to live in the unit for at least one year. The Tenant is ordered to pay $3,787.64 for occupation compensation from February 1, 2025, to June 5, 2025, after deducting the rent deposit and interest. Daily compensation of $40.76 applies from June 6, 2025, until the unit is vacated.