Vankoughnett v Walia

Tenant wins · Sydenham · 2024-07-05

Adjudicator

Fabio Quattrociocchi

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

S.L.

Tenant

J.V.

What happened

Tenant applied for an order determining that the Landlord and Purchaser gave a notice of termination in bad faith. The Tenant vacated the rental unit on May 31, 2022, pursuant to an N12 notice served by the Landlord on April 30, 2021, stating that the Purchaser's parents required the unit for their own personal use. However, the Purchaser's parents never moved into the unit, and the Purchaser sold the property shortly after.

The ruling

The Tenant's application was granted. The Purchaser is solely responsible for the bad faith eviction, and must pay the Tenant $4,821.20 for increased rent, moving and storage costs, and the application filing fee. The Purchaser must also pay a $2,500 administrative fine to the LTB.