Personal Use Application (S.83 (2) Defense)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2271
Page Categories:	[Personal Use Application (LTB)], [Section 83 (RTA)]
Citation:	Personal Use Application (S.83 (2) Defense), CLNP 2271, <https://rvt.link/87>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2023/09/02

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Nejati v Tay, 2021 CanLII 144660 (ON LTB)

Determinations: 6. The Landlords served the Tenant with a Notice to Terminate a Tenancy at the End of the Term for Landlords’ Own Use (the ‘N12 notice’) on February 29, 2020. The termination date was April 30, 2020.

7. On April 17, 2020 the Landlord gave the Tenant compensation equivalent to 1 month’s rent in the form of a cheque, which the Tenant never cashed.

8. While the Tenant did not cash the cheque, I find the Landlord has met the requirement in section 48.1 of the Act to pay the Tenant compensation equal to one month’s rent.

9. The N12 notice was served pursuant to section 48 of the Act which states:

(1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,

(a) the landlord;

(b) the landlord’s spouse;

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

(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.

10. The termination date specified in the N12 is April 30, 2020 which complies with the 60 day requirement contained subsection 48(2).

11. There is no dispute between the Landlord and Tenant that the N12 notice was properly served.

12. The only other issue to be determined on this application is whether the Landlord has satisfied the “good faith” requirement in s.48(1) of the Act.

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