1. This question, which must be determined by the board of directors, is whether the landlord and tenant have entered into an agreement to terminate the lease. 18. The tenant went to the meeting invited by the landlord with the explicit intention of maintaining her long-term lease. She had the choice between an eviction hearing and consent to the evacuation. If she had chosen the option of the eviction hearing, the chamber might have refused to dislodge her on the grounds that she was not at home and that she was not the person who allowed her son to enter the building on the day he caused the damage. Even if the board had found her liable, the tenant would have had the opportunity to argue for relief or, at the very least, a delay in the evacuation, in which case the tenant would have owed the $175.00 registration fee. In the end, the tenant agreed to abandon an income-oriented unit that provides financial stability in a unit she had lived in for 13 years, instead of facing an audience and the potential to win or risk losing and paying $175.00. 35. I would also draw attention to the fact that it is not entirely clear that owners always infringe the local zoning by-law. If this is the case, they have the possibility to issue the corresponding notice. 77 (1) A landlord may apply to the board of directors, without notice to the tenant, for an order to terminate a lease and evict the tenant if 17. There were some contradictions between the tenant`s testimony and S.N.
regarding who was in the office on March 9, 2019, when the tenant received both notifications and how many times and how S.N. asked the tenant if she had signed the N11. There were also disagreements about specific information or opinions S.N. had questioned the tenant about the possible outcome of a hearing. However, the most important facts that are not disputed are: if the lessor and the tenant mutually agree that the lease must be terminated, they will use this form to terminate the lease or lease in question, and the tenant will agree to move on a date indicated on the form. 34. In his letter of 5 November 2017, it is stated that the tenant must move before 5 December 2017 because the police gave them 30 days to evacuate the cellar. In other words, the landlords incorrectly told the tenant that he had to sign Form N11. As the tenant clearly did not know that this was false, he did not give informed or voluntary consent to terminate his lease. Refusing to lift the deportation order in this situation would in principle be unfair. 8.
This application is made pursuant to subsection 77(8) of the Residential Tenancies Act, 2006 (hereinafter the Act), which provides that the board of directors may, after a hearing, make an order quash the order if the lessor and the tenant have not entered into an agreement to terminate the tenancy relationship; or if “the chamber is satisfied, in all the circumstances, that it would not be unfair to cancel it”. Who: If you and your tenant agree to end the tenancy, you will provide them with this form with the appropriate fields, including the name and address of the tenant, your name and address, the address of the rented property, the reason for the termination of the lease and any details that lead to this decision to end the tenancy. 4. The tenant acknowledged that an ongoing agreement on the extract had been reached with the lessor. The tenant, however, could not find a new residence.. . . .