I served an N12 to my previous tenant because my son needed the 2nd floor unit for university. He moved in last month but now wants to share the space with a friend who will pay rent. The friend would pay my son directly. Is this allowed? Could there be any issues with the LTB?
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thats not allowed, u kicked out the previous tenant saying ur son needs it!
This is a grey area. The key question is whether your son is genuinely living in the unit. If he’s actually living there and just sharing the space with a roommate, that’s generally acceptable. The N12 doesn’t require exclusive use by the family member.
However, if this is just a scheme to get around rent control or if your son isn’t really living there, the previous tenant could file a bad faith application with the LTB. The penalties can be significant - up to 12 months rent compensation plus potential fines.
my tenant did something similar and the LTB was fine with it
That’s incorrect. Each case is evaluated on its own merits. The key factor is whether the family member is genuinely occupying the unit as their principal residence. Having a roommate is fine, but if it’s just being used to generate rental income, that could be considered bad faith.
My son will definitely be living there full time while attending university. The roommate would just help with expenses.
As long as your son is genuinely living in the unit as his primary residence, having a roommate who contributes to expenses is perfectly fine. Just make sure:
- Your son actually lives there
- Keep evidence of his occupancy (university enrollment, bills, etc)
- Any roommate agreement should be between your son and his friend, not you
- The arrangement shouldn’t look like you’re trying to circumvent the RTA
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