Part 2: Updates to N12 and N13 Process
November 25, 2021
Bill 184, the Protecting Tenants and Strengthening Community Housing Act, 2020, had several provisions which took effect on September 1, 2021, amending the Residential Tenancies Act, 2006 (RTA). These amendments aim to create more timely and impactful resolutions to common landlord and tenant grievances heard by the Landlord and Tenant Board (LTB). Following a consultation period with relevant stakeholders in early 2021, the language of Bill 184 was finalized and is now in full effect. The bill outlines additional requirements on the landlords’ part to mitigate bad faith N12’s and N13’s, and details the claims for damages available to tenants should a landlord issue either an N12 or N13 in bad faith.
An N12 (Notice to End your Tenancy Because the Landlord, Purchaser or a Family Member Requires the Rental Unit) is issued when a landlord requires the rental unit because either they themselves, an immediate family member, or a new owner they are selling the unit to, require the rental unit for personal use. An N12 is issued in bad faith when instead of using the unit for personal use as per the notice, the landlord either leaves the unit empty or re-rents it to new tenants.
An N13 (Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use) is issued when a landlord wishes to conduct extensive repairs, demolish the unit, or convert the unit to non-residential space. An N13 is issued in bad faith when the unit does not undergo the repairs, demolition, or conversion specified in the notice following the eviction of the current tenants.
Updated Landlord Requirements
Prior to the September 1, 2021 amendments to the RTA, landlords could file an L2 eviction application based on either an N12 or N13, and any previous N12 or N13 notices they had issued to the same or other tenants would not necessarily be taken into account in determining if the landlord was acting in bad faith. Following the September 1, 2021 amendments, landlords must provide the details of each previous N12 or N13 notices given to any of their tenants for the previous 2 years at the time of filing. This can contribute to the LTB’s understanding of whether a landlord is acting in bad faith if there is a pattern of a landlord issuing N12’s and N13’s to evict tenants and re-rent units.
When filing an L2 eviction application based on an N12, a landlord is required to provide an affidavit or sworn declaration from the person they intended to have move into the unit after evicting the current tenant. Prior to the September 1, 2021 changes, the affidavit or declaration could be submitted anytime up to the L2 hearing date. Now the affidavit or declaration must be submitted when the L2 application is filed. This should help mitigate bad faith N12 filings, as the landlord must demonstrate at the time of filing that they genuinely have a case for personal use.
Updates to Tenant Claims in Bad Faith Scenarios
Tenants are able to file a T5 application with the LTB should they believe that they were issued either an N12 or N13 in bad faith. Following the September 1, 2021 amendments, tenants will be able to claim damages equal to up to 12 months’ rent through this process, where previously no amount was specified.
The amendments also ensure that should the tenants give the landlord the proper notice, they maintain the right to move back into the unit following the completion of the major repairs they were issued an N13 for. Should the landlord refuse to allow the tenant to move back in, the tenant can now file a T5 up to 2 years following their move out date to claim damages for bad faith; previously, they had only 1 year to file.
- N12: Notice to End your Tenancy Because the Landlord, Purchaser or a Family Member Requires the Rental Unit
- N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use
Updated LTB materials:
- LTB Rules of Procedure (updates to rules 3, 4, and 5)
- Form L2: Application to End a Tenancy and Evict a Tenant or Collect Money
New LTB materials: