St. Louis v Lapointe
Tenant wins · Cache Bay · 2025-12-04
- Adjudicator
- Jane Dean
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- L.S.L.
- Tenant
- P.L.
- Landlord rep
- Tracey Judd
- Tenant rep
- Shaun Harvey
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant for personal use. The Landlord claimed he required the unit for his own residential occupation. However, the application was dismissed due to multiple procedural failures: the N12 notice provided only 55 days of notice instead of the required 60, the termination date did not align with the end of the rental period, and the Landlord failed to pay the mandatory compensation of one month's rent by the termination date specified in the notice.
The ruling
The Landlord's application to terminate the tenancy for personal use was dismissed. The LTB found that the Landlord failed to comply with the mandatory requirements of the Residential Tenancies Act, 2006, specifically failing to provide 60 days' notice, failing to align the termination date with the end of the rental period, and failing to pay the required compensation by the termination date.