Can companies and trusts give tenants notice under the same rules as an individual owner?

Companies

Landlords who are companies will not be able to terminate a periodic tenancy on the grounds that they are moving in themselves or a family member is moving in, however they will be able to use the other grounds if applicable. As legal persons, companies do not require properties to live in and do not have families. Owners of rental properties should take this ground for termination into account when making decisions about how to structure ownership.

Trusts

Trustees are the legal owners of trust property. Trustees may be considered the “owner” of the premises and where a property is held in a trust, the trustee may be able to terminate a periodic tenancy on the grounds that a family member is moving in. However, this issue is ultimately subject to the determination of the Tribunal.

Furthermore, trustees must exercise their powers in line with the various legal responsibilities imposed on them by common law, including the duty to act in the best interests of the beneficiary. These obligations, which go beyond those imposed by the Residential Tenancies Act, may also affect what they can do with the property, including the use of termination grounds.

Landlords are encouraged to seek legal advice on this matter.

Source: Ministry of Housing & Urban Development