A landlord’s stated intention to occupy a rental unit may be challenged where the surrounding evidence raises concerns about whether that intention is genuine.

In Fava v. Harrison, the Divisional Court considered an own-use eviction dispute. The original Board member rejected the landlords’ application, including on the basis that the proposed occupation was not advanced in good faith. Another member reviewed and reversed that decision.

The court allowed the tenants’ appeal and restored the original order. It explained that the central question is whether the intention to occupy is genuine, rather than whether the landlord’s plan is objectively reasonable.

However, that does not make the landlord’s conduct and motives irrelevant. They may help the Board assess credibility and draw conclusions about whether the proposed occupation is genuine.

The court also found fault with the review decision’s treatment of the original finding that the landlords were seriously breaching their responsibilities. The decision illustrates why the entire evidentiary picture matters in an own-use proceeding.

What this could look like in practice

Imagine a tenant receiving an own-use notice shortly after declining a proposed rent increase. That sequence may prompt questions, but a useful assessment would also examine the intended occupant’s plans and the complete communication history.

For the landlord, a clear account of who intends to move in, why, and when would help explain the application. For the tenant, preserving messages and identifying inconsistencies would help organize any challenge.

The takeaway

An own-use application requires more than repeating the words on a notice. A coherent account supported by reliable evidence helps the Board assess whether the proposed occupation is genuine. Current notice, compensation, occupation-period, and other statutory requirements must also be addressed.

Contact JY Law to discuss your circumstances and how we may assist you.

The information above is provided for general educational purposes only and does not constitute legal advice. These summaries highlight selected principles and do not address every issue or subsequent legal development. Examples are hypothetical and do not predict outcomes. Your rights depend on the agreement, applicable law, and particular circumstances. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.