Failure to Name all Tenant's on Notice of Termination

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-03
CLNP Page ID:	2317
Page Categories:	Defective Notice (LTB)
Citation:	Failure to Name all Tenant's on Notice of Termination, CLNP 2317, <>, retrieved on 2024-05-03
Editor:	P08916
Last Updated:	2023/11/27

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

43 (1) Where this Act permits a landlord or tenant to give a notice of termination, the notice shall be in a form approved by the Board and shall,

(a) identify the rental unit for which the notice is given;

(b) state the date on which the tenancy is to terminate; and

(c) be signed by the person giving the notice, or the person’s agent. 2006, c. 17, s. 43 (1).

(2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that,

(a) if the tenant vacates the rental unit in accordance with the notice, the tenancy terminates on the date set out in clause (1) (b);

(b) if the tenant does not vacate the rental unit, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant; and

(c) if the landlord applies for an order, the tenant is entitled to dispute the application. 2006, c. 17, s. 43 (2).

SOL-21281-11 (Re), 2012 CanLII 21588 (ON LTB)

7. At the hearing on January 26, 2012, A. D. testified that she was a tenant of the unit but that she was neither named as a tenant on the N4 and the L1 application nor served with the N4 and the L1 application.

8. A. D. gave sworn testimony and stated that she and B. H. were co-tenants of the rental unit and that they had signed a lease together but the Landlord had refused to give them a copy of the signed lease agreement. A. D. also testified that there were other tenants and or occupants of the rental unit who were also not named or served with the N4 and the L1 application. No evidence was provided to prove that the rental unit had other tenants apart from A. D. and B. H. I find it likely that A. and B. were the tenants of the rental unit and that the rental unit also housed occupants. The Landlord does not have to name or serve occupants with the N4 and or with the L1 application.

9. I accept A. D’s. sworn testimony that she is a tenant of the rental unit and find that she should have been named as a party to these proceedings and served with the N4 and with the L1 application.

10. I also find that the physical presence of the Landlord at this hearing was important as he is the only one who had information with regards to the claims that the Tenant/s were making against him and or as to whether A. D. was an occupant or a tenant of the rental unit.

11. Guideline 10 of the Board’s Interpretation Guidelines provides that if the landlord has entered into a tenancy agreement with more than one tenant, the Notice of Termination (N4) should name and be given to all tenants. The Guideline further provides that the Notice of Termination is an essential step in the landlord’s process of evicting a tenant and that the Board will not terminate a tenancy and order eviction of the tenant unless the tenant has received a valid Notice of Termination from the landlord and the landlord has successfully proved the ground claimed in the Notice at the hearing of the application.

12. Therefore I find that the application filed with the Board was filed based on a defective N4 which did not name A. D. as a tenant of the rental unit and I also find that A. D. should have been named a party to these proceedings.