Tamiing v Brown

Tenant wins · Hamilton · 2026-01-21

Adjudicator

Kyle McGraw

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.T.

Tenant

S.J.B.

Landlord rep

Jeremy Delfin

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant on the grounds that the unit had been sold and the purchaser required possession for residential occupation. The Tenant contested the application, primarily disputing the service of the N12 notice, claiming he never received it until his mother found it in an unused mailbox months later.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for purchaser's own use was dismissed. The LTB found that the Landlord failed to properly serve the N12 notice, as it was placed in a mailbox not used by the Tenant and taped to the door, neither of which met the statutory requirements for service.