Case Timeline
Application Date: Date not provided
Hearing Date: November 14, 2023
Order Issued: November 30, 2023
Termination Date: June 30, 2022
Eviction Deadline: June 30, 2022
Case Overview
Case Number: LTB-T-043107-23
Address: 2, 28 Southend Cr, Chatham Ontario N7M4X8
Form Used: N12
Served By: Landlords
Amount Awarded: $2,587.00
Decision In Favor: Tenants
Application Type: Eviction for bad faith (T5 Application)
RTA Sections: Section 57(1)(a), Section 57(5), Section 57(6)
Parties Involved
Landlord: Rafiq Bhabha, Richard Cosby, Aneesa Bhabha
Landlord Rep: Self Represented
Tenant: Shawn Houweling, Nicole Anderson
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: bad faith, eviction, N12 notice, T5 application
Decision Summary
Order in favor of the tenants.
Landlords' actions presumed in bad faith under RTA sections.
Dispute Summary
Tenants alleged bad faith in the use of N12 notice.
Landlords claimed the unit was needed for personal use by Aneesa Bhabha.
Findings & Determinations
Tenants proved bad faith on balance of probabilities.
No evidence Aneesa Bhabha moved into the unit as claimed.
Summary Points
Landlords served an N12 notice claiming need for personal use.
Tenants vacated based on a consent order with compensation.
Evidence showed the unit was not used as claimed but was renovated and listed for sale.
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