SHEWEN v REID

Tenant wins · Guelph · 2024-02-05

Adjudicator

Anthony Bruno

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

>$20K

Landlord

E.R.

Tenant

D.S.

Tenant rep

Shaun Harvey

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. Tenant received an N12 Notice of termination on November 29, 2021, stating the Landlord's child required the unit for at least one year. Tenant vacated on January 31, 2022. On March 7, 2022, Tenant noticed the unit listed for rent on Kijiji at a higher price, indicating the Landlord's bad faith in issuing the N12 notice.

The ruling

The Landlord and Tenant Board found that the Landlord gave an N12 notice in bad faith. The Landlord is ordered to pay the Tenant $35,000.00 in compensation for increased rent, moving expenses, general compensation, additional travel costs, and the application filing fee. The payment is due by February 16, 2024, with interest accruing at 7.00% annually on any outstanding balance after that date.