Than v Pointer

Tenant wins · Thunder Bay · 2025-11-28

Adjudicator

Rachel Gibbons

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

T.T.

Tenant

G.P.

What happened

The Landlord applied to terminate the tenancy for personal use, claiming they required the unit for their own residential occupation. During the hearing, the Landlord's testimony revealed that the intended use of the rental unit was actually for commercial storage (fridge, freezer, and restaurant supplies) to support a business on the main floor, rather than for living in the unit.

The ruling

The Landlord's application to evict the Tenant for personal use was dismissed. The Adjudicator determined that the Landlord did not intend to use the basement unit for residential purposes, but instead intended to use it as storage for a restaurant business, which does not qualify as personal use under the Act.