Vanessen v Thuet

Landlord wins · 85 Michael Boulevard Whiby · 2025-04-07

Adjudicator

Panagiotis Peter Roupas

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

J.T., E.C.

Tenant

T.V., J.J.V., J.V.

Landlord rep

Victoria Orlandi

What happened

Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 notice to terminate the tenancy for the purpose of the residential occupation of one of the Landlord's parents, Peter Gregory. The Tenants vacated the rental unit in February 2022, but the Landlord's parent did not occupy the unit for the statutory prescribed time.

The ruling

The Tenants' application is dismissed. The Landlords rebutted the presumption of bad faith by providing evidence that the Landlord's parent, Peter Gregory, intended to occupy the rental unit for at least a year, but later decided to travel to New Zealand for a year. The Landlords had no choice but to find new tenants after Gregory vacated the unit.