Purchasers Own Use (N12)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1888
Page Categories:	Personal Use Application (LTB)
Citation:	Purchasers Own Use (N12), CLNP 1888, <https://rvt.link/6a>, retrieved on 2024-11-23
Editor:	MKent
Last Updated:	2024/05/23

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

2 (1) In this Act,

...

“residential complex”, except in Part V.1, means,

(a) a building or related group of buildings in which one or more rental units are located,

(b) a mobile home park or land lease community,

(c) a site that is a rental unit,

(d) a care home, and,

includes all common areas and services and facilities available for the use of its residents; (“ensemble d’habitation”)

“residential unit” means any living accommodation used or intended for use as residential premises, and “residential unit” includes,

(a) a site for a mobile home or on which there is a land lease home used or intended for use as a residential premises, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; (“habitation”)

...

49 (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by,

(a) the purchaser;

(b) the purchaser’s spouse;

(c) a child or parent of the purchaser or the purchaser’s spouse; or

(d) a person who provides or will provide care services to the purchaser, the purchaser’s spouse, or a child or parent of the purchaser or the purchaser’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 2006, c. 17, s. 49 (1); 2021, c. 4, Sched. 11, s. 31 (1).

Same, condominium

(2) If a landlord who is an owner as defined in clause (a) or (b) of the definition of “owner” in subsection 1 (1) of the Condominium Act, 1998 owns a unit, as defined in subsection 1 (1) of that Act, that is a rental unit and has entered into an agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by,

(a) the purchaser;

(b) the purchaser’s spouse;

(c) a child or parent of the purchaser or the purchaser’s spouse; or

(d) a person who provides or will provide care services to the purchaser, the purchaser’s spouse, or a child or parent of the purchaser or the purchaser’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 2006, c. 17, s. 49 (2); 2021, c. 4, Sched. 11, s. 31 (1).

Condominium Act, 1998

1 (1) In this Act,

...

“owner” means,

(a) in relation to a corporation other than a leasehold condominium corporation or a common elements condominium corporation, a person who is shown as the owner of a freehold interest in a unit and its appurtenant common interest, according to the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit that the declarant has not transferred to another person,

(b) in relation to a leasehold condominium corporation, a person who is shown as the owner of the entire leasehold interest in a unit and its appurtenant common interest, according to the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit in which the declarant has not transferred the leasehold interest to another person but does not include a tenant of the owner, or

(c) in relation to a common elements condominium corporation, a person, including the declarant, who is shown as the owner of a common interest in the common elements and a freehold interest in the parcel of land to which the common interest is attached, as described in the declaration, according to the records of the land registry office in which the description of the corporation is registered; (“propriétaire”)

Ambrana Enterprises Inc. v Cabarel, 2023 ONLTB 38991

4. It is discovered during the hearing that Steve Senwasane also is a buyer during the transaction of Purchase and Sale.

(...)

17. Further, the Agreement of Purchase and Sale, Mr. Steve Senwasane has failed to sign in the appropriate sections of the agreement, as a buyer. Upon further examination Mr. Steve Senwasane does not initial in the appropriate areas as the buyer only the seller. He admitted this in his testimony under cross examination and redirect.

18. The Landlord failed to present any evidence that all signatures and initials are demonstrated to satisfy a proper Agreement of Purchase and Sale.

(...)

20. I find that Mr. Steve Senwasane is not at arm length to this transaction, he is very much involved in one or more capacities, this is evident during his testimony both in examination in-chief and cross examination. In fact, he has attempted to be a buyer and seller, with a vast interest to the Landlords claim.

SWL-95963-16 (Re), 2017 CanLII 28669 (ON LTB)

Determinations:

T6/ Tenant’s Application about Maintenance

1. The Landlords failed to ensure that the pesticides used to treat the pest infestation were removed from the premises. Therefore, I find that the Landlords failed to meet the Landlords' obligations under subsection 20(1) of the Act to maintain the rental unit and failed to comply with safety standards.

2. The Tenant has been unable to live in the premises or use many of her personal belongings since approximately August 10, 2016, due to the presence of pesticides and pesticide residue.

3. Some of the Tenant’s property was damaged by continued exposure to pesticides.

T2/ Tenant’s Rights Application

1. The Landlords’ failure to takes steps to clean the pesticides from the premises substantially interfered with the Tenant’s reasonably enjoyment of the premises to the point that she could not live in her home or use her property.

L2/Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12)

1. The Landlords did file affidavits attesting to their good faith intention to personally occupy the rental unit.

2. The Board is prohibited from terminating the tenancy because the Landlord is in serious breach of the Landlord’s obligations.

L2/ Notice to Terminate a Tenancy Early (N5)

1. The Landlord gave a second Notice of Termination, which contravenes section 68 of the Residential Tenancies Act. The first Notice of Termination was not voided. The second notice cannot be used as a first notice as there is no ability to void.

It is ordered that:

1. The Application to Terminate a Tenancy and Evict a Tenant (L2) based on the Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) is dismissed.

...