Singh v Farr

Tenant wins · Douro-Dummer · 2025-10-02

Adjudicator

Julie Broderick

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

H.S.

Tenant

K.F., M.K.

What happened

The Landlord applied for an eviction order claiming they required the unit for personal residential occupation. The application was dismissed because the N12 notice served to the Tenants was unsigned and was served by taping it to the door, which is not a permitted method for this type of notice. Additionally, the Landlord failed to provide the mandatory statutory compensation to the Tenants by the termination date specified in the notice.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The N12 notice was found to be legally void due to a lack of signature and improper service. Furthermore, the Landlord's failure to pay the required compensation by the termination date as per the Act is a fatal error to the application.