Sivaselvam v Pisani

Tenant wins · Pickering · 2025-11-03

Adjudicator

Elle Venhola

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.S.

Tenant

L.M.P.

Landlord rep

Raja Kanaga

What happened

The Landlord applied to terminate the tenancy and evict the Tenant on the grounds that his son required the rental unit for personal residential occupation. The Tenant contested the validity of the N12 notice, alleging that the termination date was incorrect and that the Landlord had altered the notice after serving it. The Board found the notice to be fatally flawed due to non-compliance with statutory notice periods and the requirement that the termination date coincide with the end of a tenancy period.

The ruling

The Landlord's application for eviction based on personal use (N12) was dismissed. The adjudicator ruled that the N12 notice was invalid because the termination date did not match the end of the tenancy period (the 14th of the month) and did not provide the minimum 60 days' notice. Additionally, the Tenant successfully demonstrated that the notice she received was incomplete and differed from the version submitted to the Board.