Shillington v Anderson

Tenant wins · Smiths Falls · 2025-07-02

Adjudicator

Dale Whitmore

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.M.S.

Tenant

A.A.

Tenant rep

John Wernham

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord required possession of the rental unit for personal residential occupation for at least one year. During the hearing, it was discovered that the Landlord failed to file the mandatory affidavit or declaration certifying the good faith requirement at the time of filing the application, as required by the Residential Tenancies Act.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The dismissal was based on the Landlord's failure to file the required affidavit or declaration of good faith at the time the application was submitted, a mandatory procedural requirement under the Residential Tenancies Act, 2006.