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Case Study

LTB Order on Termination of Tenancy by Agreement

Case LTB-L-043085-23

🕑 Case timeline

Application Date: May 31, 2023

Hearing Date: July 17, 2023

Order Issued: August 23, 2023

Termination Date: October 15, 2023

Eviction Deadline: October 15, 2023

ℹ️ Case overview

Case Number: LTB-L-043085-23
Address: 307 Fennel, Blandford-Blenheim ON N0J1S0
Form Used: Agreement to terminate tenancy
Served By: Landlord
Amount Awarded: No monetary award specified
Decision In Favor: Landlord
Application Type: Termination of tenancy agreement by mutual agreement
RTA Sections: Section 77(1), Subsection 37(3), Section 48

👥 Parties involved

Landlord: Charles Daniel Mitchell
Landlord Rep: Self Represented
Tenant: Brandan D.W Robertson
Tenant Rep: Self Represented
Adjudicator: Fabio Quattrociocchi
Keywords: termination of tenancy, eviction, mutual agreement, no duress

⚖️ Decision summary

Tenancy terminated effective September 1, 2023.
Eviction postponed to October 15, 2023 to allow tenant to secure housing.

⚠️ Dispute summary

Tenant contested the termination agreement claiming it was signed under emotional distress.
Landlord planned for a relative to occupy the unit post-eviction.

📑 Findings & determinations

Amendment to remove Danielle Clayton as a tenant.
Agreement to terminate tenancy was valid.
No requirement for N12 notice as landlord's niece, not a direct family member, to occupy.

💡 Summary points

Tenancy termination agreed by both parties.
Tenant later contested the agreement but was overruled.
Eviction postponed to allow tenant time to find new housing.
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🧑‍⚖️ Same adjudicator

Fabio Quattrociocchi