Case Timeline
Application Date: Date not provided
Hearing Date: 2023-05-01
Order Issued: 2023-05-17
Termination Date: May 21, 2022
Eviction Deadline: May 21, 2022
Case Overview
Case Number: LTB-T-000836-23
Address: 2096 RUDELL ROAD, NEWCASTLE ON L1G1B9
Form Used: N12
Served By: Text message
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for personal use and compensation for illegal retention of money
RTA Sections: Section 57(1), Section 48, Section 49
Parties Involved
Landlord: Jeveethan Elangeswaran
Landlord Rep: Thirusenthuran Sivapatham
Tenant: Marcia Boone
Tenant Rep: Caroline Wilson
Adjudicator: Not specified
Keywords: bad faith, illegal money retention, eviction, compensation
Decision Summary
Landlord's actions constituted bad faith under section 57(1)(a) of the RTA.
Landlord failed to provide proper notice and did not compensate tenant as required.
Dispute Summary
Dispute over whether landlord's communication constituted a notice of termination.
Tenant vacated believing it to be a formal notice, landlord later re-rented at higher rate.
Findings & Determinations
Communications between landlord and tenant amounted to a notice of termination.
Landlord acted in bad faith by not following through on stated intent to sell.
Summary Points
Tenant applied for order against landlord for bad faith termination and illegal money retention.
Landlord did not serve a formal N12 notice but communicated intent to sell via text.
Tenant vacated based on these communications, landlord re-rented without selling.
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