Landlords Children Use Re: Minor Child (N12)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-21
CLNP Page ID:	1833
Page Categories:	[Personal Use Application (LTB)]
Citation:	Landlords Children Use Re: Minor Child (N12), CLNP 1833, <5J>, retrieved on 2024-05-21
Editor:	Sharvey
Last Updated:	2021/12/23

SWL-85060-16 (Re), 2016 CanLII 44343 (ON LTB)

1. The Landlord served the Tenants with a Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) specifying that his child would occupy the premises.

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8. The Landlord previously filed application SWL-83633-16 which was heard on January 28, 2016. The N12 submitted by the Landlord in application SWL-83633-16 is the same N12 the Landlord is relying upon in this application. The Landlord’s previous application was dismissed in order SWL-83633-16, issued on January 28, 2016, for the following reasons at paragraphs 2-3:

The Landlord's child did not file an affidavit certifying that he, in good faith, requires the unit for his own personal use. Considering the child is eight years old, his capacity to swear an affidavit would be an issue.

Furthermore, what the Landlord really intended was to provide a home for the child’s mother, who is the Landlord’s ex-partner, where she could live with the child. Subsection 48(1)(d) of the Act allows a landlord to give a notice of termination if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by “a person who provides care services to” a child of the landlord, if the child will reside in the same building where the rental unit is located. Therefore, it is unclear why the Landlord did not simply give a notice of termination on the caregiver ground and have his ex-partner swear the necessary affidavit.

9. As noted, this application is based on the same N12 as SWL-83633-16. The N12 indicates that only the Landlord’s son intends to move into the rental unit. For the purpose of this application the Landlord filed an affidavit sworn by the caregiver certifying that: she and the Landlord are the parents of a child; she intends to occupy the rental premises; and, she has given notice to terminate her current tenancy.