第一次听说房东要搬回去住,结果被判bad faith.
是不是因为房东现住房没有卖掉,就判down size意愿不真实啊?
在评论里找到了这个人自述 赢了的原因
Ok
Sorry I don’t mean for ppl to argue and fight
I may have just figured out my own question
After asking a few friends
This would be my new understanding of it
First things first
LL wanted more money for rent then the allowed legal increase ( otherwise he would have moved a family member in ) told us basically he would say that if we didn’t give him what he wanted
Fast forward to the hearing
He had his lawyer and family there and represented etc etc
(Thanks to the LTB groups and lots of information on tenant rights etc etc ) we represented ourselves and explained everything that was going on.
In the end we are allowed to stay under the compassionate grounds because of our situation pertaining to our family
So we won and it doesn’t say anything about returning the compensation at all
It does however say
He was doing it in good faith
His family member was at the hearing and swore they were moving in
And that compensation was paid before the date we needed
Anyhow we won it because of our sayings which is good
But now back to the compensation
I think even though it doesn’t say anything about returning it
( if I have to I will no problem )
After asking around friends of mine basically say that if we do plan to move then we won’t get our last months rent back now
BUT
I think that he would still owe us interested over the last x amount of years we lived here
Maybe I’m wrong maybe I’m right
As far as I’ve read and heard about repaying
Is that the LTB has to say if it needs to be paid back or not
Any other information is greatly appreciated and I don’t mean to cause a stir
Very overwhelming for us as we have been relieved from tons of stress over the last year and a bit
Group member So it wasn't dismissed due to bad faith (in case the people who love claiming "most N12s are in bad faith" read this).
It was dismissed because it was in GOOD faith, but the member decided that part didn't matter.
As for the rent interest, if the rent was increased annually as the guidelines allow, then there's no interest owing, it gets applied to the top up. Otherwise yes it gets paid at the end.
For the compensation, yes you'd need to pay it back. I'm surprised the landlord hasn't asked for a review of the order yet, if not to at the very least have the compensation paid back since they're now stuck having to find a new place while subsidizing this one.
It was a pay him the illegal increase of x amount or he said he would be moving a family member in ( SAID HE WOULD ) but not going to happen as they live across the world in a different country
So he and she lied under oath
Even though on the declaration family member stated they were moving into the unit because they are getting help from there family
Didn’t say they would stay for a year or more
I fought that part by saying they never stated a year or more in the declaration ( at the time of filing everything it cannot be amended thereafter)
So it should have been dismissed regardless but adjucator gave them the benefit of the doubt because she was there on zoom and said they would move in
It’s a crazy case
I did explain a bit of it
I won’t go into it more
Just wanna know about paying back or not
And
I will pay it back if I have too
I have no problem
Just asking because other cases are told to pay it back and some are told nothing
Thanks for your input