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Case Study

LTB Order on Eviction for Landlord's Own Use

Case LTB-L-074117-22 - Zeng v Howarth

🕑 Case timeline

Application Date: November 4, 2020

Hearing Date: November 15, 2023

Order Issued: November 30, 2023

Termination Date: February 28, 2023

Eviction Deadline: February 28, 2023

ℹ️ Case overview

Case Number: LTB-L-074117-22
Address: 1, 1571 Bayview Avenue, Toronto ON M4G3B5
Form Used: N12
Served By: Advisor
Amount Awarded: One month's rent compensation
Decision In Favor: Tenant
Application Type: Eviction for Landlord's own use
RTA Sections: Section 48(5), Section 202

👥 Parties involved

Landlord: Jun Hui Zeng
Landlord Rep: Sean Gosnell, Jessica Karban
Tenant: Adrian Howarth
Tenant Rep: Allan Strader
Adjudicator: Trish Carson
Keywords: eviction, landlord's own use, N12 notice, corporate ownership

⚖️ Decision summary

Application dismissed due to initial non-compliance with ownership requirements.
Tenant awarded compensation, must return if not complying by specified date.

⚠️ Dispute summary

Dispute over the validity of N12 notice due to corporate ownership.
Landlord corrected ownership issue and re-served N12.

📑 Findings & determinations

Landlord's initial N12 notice was invalid due to corporate ownership.
Landlord's subsequent N12 notice was valid after acquiring partial ownership.

💡 Summary points

Landlord sought to evict tenant for personal use of the unit.
Landlord initially served an invalid N12 notice due to corporate ownership.
Landlord acquired 5% ownership and served a valid N12 notice.
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