I've moved out of house after house sold but seeking compensation under section 51 the new owner real estate has started

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear this difficult situation.

Are you saying that your eviction was unlawful because the new owners did not move into the home and use it for their own use but just thought it to renovate and sell Do you are asking whether you can sue the real estate agent instead of just going after the new owners?

But are they moving in or are they selling the home?

This interpretation of the law is not correct. They did want it for their own use. They bought the house to live in and had no intention of renting it out to anyone else or selling it again. If they put in a tenant or they sold a home you would be correct.

In terms of the real estate agent if he is telling lies about you to others and you would sue him for defamation. First you must send him a demand letter demanding he cease and desist, provide you with written retraction and threatening a lawsuit for damages your reputation has sustained.

Then you can sue him.

Does that help clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

But did you explain that they bought the house and that they are only using it for their own use but were renovating before moving in.

I suggest you call them back and clarify. Make it clear that while they said that they wanted the unit for their own use they renovated before they moved in and that the renovation took months.

But honestly if they told you you are correct then why don't you just bring an application to them give them what they've said.

So then what is your question for me aside from the part about the real estate agent that I've answered?

You are not correct. I have read that section and I am telling you that in my view it does not apply to your case.

It applies in the case where a purchaser evicts the tenant saying that they want the home for their own use but then ends up renting it out or selling it.

Four months notice is if the landlord wants to do a major renovation to the house but not when the landlord is planning to move into the house after the renovation.

Call them on Monday and explain exactly what happened and see what they say.

I fully understand your point. But I don't think you understand mine. I believe that what you are referring to is when a landlord evicts for major work on the home.

But when the landlord is evicting for their own use it doesn't mean that they cannot renovate their home first before they move in. If the evict for own use and then rent out the place or sell it that is not bona fide. Similarly they cannot say it is for their own use if they renovate and then put a tentant in or sell it.

But they can evict for their own use and renovate the place before they themselves move into it.

Yes and I have already read it.

I am telling you that in my view it doesn't apply to your case.

Please call the tenancy branch again and see what they say and come back to tell me on Monday.

Then see what happens at the hearing.

I sincerely ***** ***** staff who told you this is right. You will know soon enough.

I know what you've been told and I also know you're going to have a hearing so hopefully the adjudicator will agree.

Is there anything more I can help you with at this point in time?