Case Study

LTB Order on Bad Faith Eviction - Houweling v Bhabha

Detailed analysis of a T5 application regarding bad faith eviction

🕑 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

ℹ️ 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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