Notice for Renovation or Repair (Defective N13)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1865
Page Categories:	[Personal Use Application (LTB)], [Maintenance Obligations (LTB)], [Interference of Reasonable Enjoyment (LTB)], [Renovation & Demolition (LTB)]
Citation:	Notice for Renovation or Repair (Defective N13), CLNP 1865, <6H>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2022/02/07

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TST-00729-18 (Re), 2019 CanLII 87744 (ON LTB)

4. I find that the Tenant was entitled to the compensation because all three conditions in section 52 of the Act were met, namely:

• The Tenant received notice to terminate the tenancy for the purpose of demolition.
• The residential complex contains at least five units. The Tenant testified that there are five units in the complex.
• The demolition was not ordered to be carried out under the authority of any Act. Although the N13 Notice references the findings of a fire inspector, Fire Services’ Notice of Violation (issued two months before the N13 Notice was prepared) does not require that any part of the residential complex be demolished including the rental unit.

5. The Tenant moved out of the rental unit on September 3, 2018. The Tenant testified that at the time he moved out he had a zero balance in his rent account. The Tenant paid the rent up to the end of June, 2018. The Landlord “inherited” the Tenant’s two-month rent deposit from the previous owner of the building pursuant to section 18 of the Act, which the Landlord should have applied to the Tenant’s rent for July and August, 2018.

6. The Tenant’s monthly rent was $610.00. Therefore, the Landlord owes the Tenant $1,830.00 in compensation under section 52 of the Act.

SOL-14870-11 (Re), 2011 CanLII 101419 (ON LTB)

1. The Notice to terminate a tenancy at the end of the term for conversion, demolition or repairs (Form N13) served on the Tenant by the Landlord dated December 30, 2010 is invalid as it is inconsistent with the provisions of the Residential Tenancies Act, 2006 (the

'Act') as the Landlord altered the standard N13 form by adding words that were not supposed to be included in the N13.

2. The Landlord altered the form so that it was reading that he did not require a building permit. The Act only allows a Landlord to file under this section of the Act when a Landlord has to carry out “repairs or renovations that are so extensive that they require a building permit and vacant possession of the rental unit”.

3. In addition, I am not satisfied that the Landlord requires vacant possession of the rental unit so as to carry out major repairs or renovations to the rental unit and or to the residential complex that have been ordered by the City of Hamilton.

4. The Landlord has not taken any steps to obtain the necessary permits for the work that he proposes to carry out on the rental unit and or the residential complex.