Upson v McQuoid

Landlord wins · Grafton · 2025-05-22

Adjudicator

Sheena Brar

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

J.M.

Tenant

C.U., C.P., K.P.

Landlord rep

D. English

Tenant rep

C. Francey

What happened

The Tenants applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Landlord served the notice for personal use but subsequently sold the property within a year of the tenants vacating. The Landlord argued that his intention to move in was genuine but was thwarted by a personal tragedy involving the death of his partner's mother, which necessitated a change in relocation plans.

The ruling

The Tenants' application for a bad faith eviction order was dismissed. While the property was sold within a year, the Landlord provided sufficient evidence that his initial intent to occupy the unit was genuine and that the subsequent sale was due to unforeseen personal tragedy (the death of his partner's mother).