Case Study

LTB Order Nikolov v Murray

Eviction for Landlord's Own Use

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 6, 2023

Order Issued: March 28, 2023

Termination Date: August 31, 2022

Eviction Deadline: May 31, 2023

ℹ️ Case overview

Case Number: LTB-L-036341-22

Address: Upper, 34 DENLAW RD LONDON ON N6G3L4

Form Used: N12 Notice of Termination

Served By: Landlord

Amount Awarded: One month's rent

Decision In Favor: Landlord

Application Type: Eviction for Landlord's Own Use

RTA Sections: Section 69, Section 83(1)(b), Section 83(2), Section 83(3)

👥 Parties involved

Landlord: Nikolay Nikolov

Landlord Rep: S. Pereira

Tenant: Brenda Panchyshak, John Murray

Tenant Rep: L. Branje

Adjudicator: Not provided

Keywords: eviction, landlord's own use, good faith, compensation, residential occupation

⚖️ Decision summary

Eviction approved but postponed to allow tenants time to organize.

⚠️ Dispute summary

Tenants disputed the good faith intent of the landlord's son.
Previous N12 notices were issued and later withdrawn.

📑 Findings & determinations

Landlord's son genuinely intends to occupy the unit for at least one year.
Claims of eviction to increase rent are speculative.

💡 Summary points

Landlord requires possession for residential occupation by his son.
Compensation equivalent to one month's rent was provided.
Eviction postponed to May 31, 2023.

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