This decision arises from a review request submitted by the landlord, Mr. Naveed Janwari, following an April 11, 2025 order dismissing his application to terminate the tenancy for personal use (N12). While the eviction request remained denied, the landlord was successful in securing a new order requiring the tenants to repay $2,250 in compensation that had been issued with the N12 notice.

Overview

This decision arises from a review request submitted by the landlord, Mr. Naveed Janwari, following an April 11, 2025 order dismissing his application to terminate the tenancy for personal use (N12). While the eviction request remained denied, the landlord was successful in securing a new order requiring the tenants to repay $2,250 in compensation that had been issued with the N12 notice.

Background

• On August 14, 2024, the landlord served an N12 notice to terminate the tenancy for personal use, with a termination date of October 31, 2024.
• The original hearing was held on January 6, 2025, during which the landlord testified the property was listed for sale in July 2024 and removed from the market in October 2024.
• The Member found this timeline inconsistent with the requirement of good faith under section 48 of the RTA, and the application was dismissed.
• The landlord filed a Request for Review, arguing the unit was actually delisted before the N12 was served and submitted a copy of the listing agreement as new evidence.

Decision on Review

• The Landlord and Tenant Board emphasized that the review process is not an opportunity to present new evidence that could have been submitted earlier.
• The listing agreement was available at the original hearing but was not introduced at that time.
• As such, the Board upheld the original decision, finding no serious error in dismissing the eviction application.

• While the eviction was not granted, the Board found that the Member erred in failing to order the tenants to return the $2,250 in compensation paid under section 73.1(1) of the RTA.
• The order was varied to require repayment of this amount within 30 days (by August 11, 2025). Interest will accrue at 4.00% per annum on any outstanding balance starting August 12, 2025.

Final Result

• The eviction application remains dismissed.
• The landlord successfully obtained a compensation repayment order, which was not included in the original decision.
• No order regarding the return of the filing fee.

While the request for eviction was not granted, the review resulted in a favourable and enforceable financial order, making this a meaningful outcome for the landlord.