Syed v Banker

Tenant wins · Cambridge · 2023-02-28

Adjudicator

Alicia Johnson

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.S.

Tenant

T.B.

Landlord rep

William Redgate

Tenant rep

Shaun D. Harvey

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant, claiming he required possession of the rental unit for personal use for at least one year. The Landlord served an N12 notice to the Tenant on May 12, 2022, with a termination date of July 31, 2022. However, during the hearing, the Landlord's representative stated that the Landlord's circumstances had changed, and it would be the Landlord's mother moving into the unit instead of the Landlord himself.

The ruling

The Landlord's application for termination of tenancy and eviction of the Tenant was dismissed. The dismissal was based on the inconsistency between the N12 notice and affidavit filed with the Board, which stated the Landlord required the unit for personal use, and the Landlord's representative's statement during the hearing that the Landlord's mother would be moving in instead.