Notice of Personal Use - Re: Not in approved form

TET-84356-17 (Re), 2017 CanLII 94045 (ON LTB)

3. The letter from the Landlord clearly does not constitute proper notice to terminate under section 48 of the Residential Tenancies Act, 2006 (the 'Act'). It is not in the form approved by the Board (see subsection 43(1)) nor does it inform the Tenants of their right to dispute the termination (see subsection 43(2)). But the Tenants did not know that so they set about organizing a move. The Tenants moved out on August 1, 2017.

4. Although the letter given by the Landlord does not constitute proper notice under section 48 of the Act, it is a notice of termination under section 48 for the purposes of s. 57(1)(a). In other words, the Tenants are entitled to make this application. A tenant should not be deprived of the remedies available when a bad faith notice is served just because the landlord failed to serve the notice in the proper form and in compliance with the Act. To decide otherwise would defeat the purpose of section 57 and produce an unjust result.

CET-28082-12 (Re), 2013 CanLII 4275 (ON LTB)

1. The Landlord did not serve the Tenants an N12 notice of termination or any other valid notice of termination.

2. The Tenants did not vacate the rental unit as a result of a notice of termination for the Landlord’s own use of the rental unit.

3. The rental unit was vacated pursuant to prior Board order CEL-18598-11. That order terminated the tenancy based on an L3 application since the Landlord and the Tenants entered into an agreement to terminate the tenancy as of November 30, 2011.

4. As a result, the requirements of subsection 57(1)(a) of the Residential Tenancies Act, 2006 (the 'Act') have not been met and the application must be dismissed.