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Case Study

Eviction Order for Landlord's Personal Use - Swanton v Ferguson

LTB Order Highlights Landlord's Right for Personal Use Eviction

🕑 Case timeline

Application Date: Date not provided

Hearing Date: December 1, 2022

Order Issued: January 13, 2023

Termination Date: January 24, 2023

Eviction Deadline: January 24, 2023

ℹ️ Case overview

Case Number: LTB-L-019029-22
Address: 2-752 SECOND AVE, PORT MCNICOLL ON L0K1R0
Form Used: N12
Served By: Landlord
Amount Awarded: $29.59 per day from December 2, 2022 until move-out
Decision In Favor: Landlord
Application Type: Eviction for landlord's personal use
RTA Sections: Section 69, Subsection 83(1), Subsection 83(2)

👥 Parties involved

Landlord: Troy Swanton
Landlord Rep: Self Represented
Tenant: John Hearn and Terri-Lynn Ferguson
Tenant Rep: Not Represented
Adjudicator: William Greenberg
Keywords: eviction, landlord's personal use, N12 notice, uncontested hearing

⚖️ Decision summary

Order for tenant eviction by January 24, 2023.
Daily compensation awarded to landlord from December 2, 2022, until tenant vacates.

⚠️ Dispute summary

Landlord seeks eviction citing need for personal use by family member.
Tenants did not attend the hearing; no contest to the claims presented.

📑 Findings & determinations

Landlord proved grounds for termination on a balance of probabilities.
Landlord's son, the purchaser, intends to occupy the unit for over a year.

💡 Summary points

Landlord sold the property to his son who requires the unit for personal use.
Tenants were served with an N12 notice and compensated one month's rent.
Tenancy terminated effective January 24, 2023.
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