Thakkar v Khan

Landlord wins · Bowmanville · 2025-05-29

Adjudicator

Julie Broderick

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

S.K., 1000410864 Ontario Inc.

Tenant

M.T.

Landlord rep

M. Sturino, Imran Khan

What happened

A former tenant filed an application alleging the landlord served a notice of termination for personal use (N12) in bad faith. The tenant vacated the unit after receiving an email from the landlord. The landlord's email stated their intent to sell the property due to financial hardship and requested cooperation for showings. The LTB found that this email did not constitute a formal N12 notice as required by the Act, and therefore dismissed the tenant's application.

The ruling

The Tenant's application is dismissed. The Board determined that the Landlord did not serve a formal notice of termination as required by section 49 of the Act. The email sent by the Landlord was an announcement of intent to sell, not a legal notice to terminate the tenancy. Therefore, the Tenant's claim for a bad faith eviction under section 57(1)(b) fails.