Illegal Dwelling Unit (LTB)

TNL-35272-12 (Re), 2012 CanLII 59997 (ON LTB)

3. Secondly the reason for the Notice does not reflect why the Landlord is serving the Notice, only the details for the Notice do. Here the notice is not given for overcrowding but because these rental units will have to cease to exist, because the Landlord received an order from the Town of Markham to remove all rental units from the basement, as these are illegal dwellings.

4. In order TSL-22717-12 issued May 2, 2012, which deals with a similar situation, the Notice provided to the tenant at least met part of the requirements under the Residential Tenancies Act, 2006 (the 'Act'), as it was a non fault 60 day notice, which was served in accordance with the Act and therefore the member had discretion to terminate the tenancy under such circumstances.

5. Here the Notice N-5 that the Landlord served is defective in 2 counts and therefore the application shall not succeed.