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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

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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