Last updated: February 17, 2025
Ordered by Teresa Hunt,Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Gagne v Ahmed, 2024 ONLTB 54184
File Number: LTB-T-037619-23
Application Date
Jul 2023
Hearing Date
Jul 2024
Order Date
Jul 26, 2024
The Tenant's application is dismissed. The Landlord rebutted the presumption of bad faith under s.57(5) of the Act. The Landlord genuinely intended to move into the rental unit for personal use when the N12 notice was given, but his plans changed due to an unforeseen change in his employment situation.
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice to terminate the tenancy for personal use, but later listed the rental unit for rent shortly after the Tenants vacated.
Landlord's plans changed when his employment situation changed, and he was transferred from Ottawa to Toronto. Landlord notified Tenants and offered them the opportunity to stay, but Tenants had already made alternate arrangements.
Tenants vacated the rental unit on May 1, 2023 pursuant to the N12 notice.
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