Sivanathan v Sharma
Tenant wins · Scarborough · 2025-09-02
- Adjudicator
- Susan Priest
- Dispute
- Tenant-initiated Termination
- Notice
- Tenant notice (N9)
- Landlord
- S.S.
- Tenant
- S.S.
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant based on an N9 notice provided by the Tenant. Although the Tenant vacated on the specified termination date, the Landlord filed the application because the Tenant's roommates remained in the unit. The application was dismissed because it was filed after the statutory deadline and the Tenant was no longer in possession of the unit at the time of filing.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board determined that because the Tenant had already vacated the unit and the application was filed outside the permitted timeframe under Section 77(3), the Board could not grant the requested order.