T5 Form: Defending an Ontario Bad-Faith N12 or N13 Claim After the 2026 Changes

The T5 is the Ontario Landlord and Tenant Board (LTB) application a former tenant files when they moved out because of an N12 or N13 notice and believe the landlord gave it in bad faith. It is also used when a renovation tenant who asserted a right of first refusal was not allowed back. The T5 was updated on September 21, 2026, and a new N12 move-in presumption now applies.

At a glance

What the T5 is for

Section 57(1) of the Residential Tenancies Act, 2006 (RTA) lets the LTB make orders where:

• the landlord gave an N12 in bad faith for the landlord's or a family member's or caregiver's use (s. 48), and no one named in s. 48(1) occupied the unit within a reasonable time after the tenant left;
• the landlord gave an N12 in bad faith for a purchaser's use (s. 49), and no one named moved in within a reasonable time; or
• the landlord gave an N13 in bad faith to demolish, convert or renovate (s. 50), and the work was not done within a reasonable time.

In each case, the former tenant must have moved out because of the notice, or because of an application or order based on it.

Section 57.1 adds a separate claim. A tenant who gave written notice under s. 53 that they wanted to move back after renovations, and was not given that right of first refusal, may apply.

Bad faith means there was no genuine intention to carry out the stated purpose. The tenant has to prove each element. The presumptions below shift that burden in specific situations.

The presumptions

Own-use N12 (s. 48). Bad faith is presumed, unless the landlord proves otherwise on a balance of probabilities, if either of the following applies.

1. No move-in within 60 days. For T5s filed on or after September 21, 2026, no one named in s. 48(1) moved in within the period set by O. Reg. 240/26 (s. 57(6.1), (7)). That period is: - 60 days after the N12 termination date, if the tenant left on or before that date; or - 60 days after the tenant actually left, if they left later.
2. Signs the unit was not for personal use. Between the day the N12 was given and one year after the tenant left, the landlord did any of the following (s. 57(5)–(6)): - advertised the unit for rent; - rented it to someone else; - advertised the unit or building for sale; - demolished it; or - took steps to convert it to a non-residential use.

These presumptions do not apply to purchaser N12s or to N13s.

First refusal (s. 57.1(1.1)). A landlord is deemed to have failed to give the right of first refusal in either case:

• the tenant gave written notice of their intent to return on or after September 21, 2026, and the landlord did not, without delay, tell the tenant in writing the estimated date the unit would be ready, any change to that date, and when it was ready (s. 53(2.1)); or
• the unit became ready on or after September 21, 2026 and the landlord did not give the tenant at least 60 days after that to move back in (s. 53(2.2)).

When to use it (and when not to)

• Tenant still in the unit. The T5 is not available. Bad-faith arguments are made at the landlord's L2 hearing.
• Compensation never paid. A tenant who was owed N12 or N13 compensation and never received it can claim it on a T1. The LTB may also award it in a T5 if the tenant clearly asks.
• Person moved in and stayed. If the person named moved in within a reasonable time and lived there at least a year, the instructions say the tenant cannot apply under Reason 1.

Deadlines and limitation periods

• Reasons 1–3: no application more than one year after the former tenant vacated (s. 57(2)).
• Reason 4 (first refusal): the later of the second anniversary of the move-out and six months after the repairs or renovations are completed (s. 57.1(2)). This rule took effect September 21, 2026 and applies to applications made but not finally decided before that date (s. 57.1(3)). Former tenants whose applications were dismissed as late under the old rule may file a fresh application (s. 57.1(4)).
• A prior good-faith finding is no shield. The LTB may find bad faith even though it earlier found the notice was given in good faith (s. 57(4)). Guideline 12 says a T5 may succeed even after a consent order.

How to fill out the T5, section by section

The form is the 2026/09 version, six pages plus an information page.

• Part 1: General Information. Unit address and related files; former tenants' names, email, phone, current address and preferred method of communication (choosing email consents to LTB service by email); the landlord's details; and the move-out date. Extra tenants, landlords and any purchaser go on the T5 Schedule of Parties. The instructions warn that if a purchaser is not named, the hearing may not be able to continue without them.
• Part 2: Reasons. Reason 1, own-use N12; Reason 2, purchaser N12; Reason 3, N13 work not done; Reason 4, first refusal not honoured. A "Describe in Detail" box follows.
• Part 3: Remedies. (1) abatement; (2) fine to the LTB; (3) one year of rent differential; (4) moving and storage; (5) general compensation up to 12 months' rent; (6) other, such as orders against a purchaser or moving back in.
• Part 4: Signature and representative details, then the payment page.

Filing it

The former tenant files on the Tribunals Ontario Portal, by mail or courier, or in person at a ServiceOntario centre that accepts LTB documents. The fee is $53, or $48 on the Portal. Multi-unit applications are $53 plus $5 per extra unit, to a maximum of $450, and must be filed by mail or courier. A fee waiver may be requested. The LTB serves the Notice of Hearing on the respondents (Rule 5.1).

If you are the landlord responding

1. Check the deadline first. Reasons 1–3 are barred one year after move-out. For Reason 4, find both dates: two years after move-out and six months after completion.
2. Check whether a presumption applies. For an own-use N12 and a T5 filed on or after September 21, 2026, work out the 60-day window under O. Reg. 240/26. If the person moved in late, or you advertised, re-rented or listed the property within the s. 57(6) period, you carry the burden of proving good faith.
3. Evidence of genuine occupation (N12). Address changes on ID, utility accounts in the occupant's name, mail, insurance, moving invoices, the sale or end of the occupant's previous home, and an explanation for any delay or a move-out before a year. The person must have intended to live there at least one year (s. 48(1)).
4. Evidence for N13 work. Permits, contracts, invoices, a work schedule, dated photographs and the completion date. For first-refusal claims, add the tenant's written notice and every written update you sent (estimated date, changes, ready-for-occupancy notice) and proof you allowed at least 60 days to move back in.
5. Purchaser N12s. The Court of Appeal has held that the LTB can find a purchaser acted in bad faith and order the purchaser to pay. Guideline 12 says the LTB may apportion liability between landlord and purchaser. Sellers should keep the purchaser's declaration and any communications about the purchaser's plans.
6. Compensation. Show that any compensation required by ss. 48.1, 49.1, 52, 54 or 55 was paid by the termination date (s. 55.1). For own-use N12s given on or after September 21, 2026 with at least 120 days' notice ending on a period or term end, none was required (s. 48.1(2)).
7. Disclose evidence at least 7 days before the hearing, or 5 days if replying (Rules 19.1–19.2).
8. Know the exposure. Under s. 57(3) the LTB may order a year of rent differential, general compensation up to 12 months' rent, moving and storage costs, an abatement, an administrative fine up to the greater of $10,000 and the Small Claims Court limit, or any other appropriate order. The instructions put the monetary limit at $50,000.

Mistakes that get it refused, voided or dismissed

1. Filed while still living in the unit. Only former tenants can apply.
2. Out of time. More than one year after move-out for Reasons 1–3, or after the later Reason 4 deadline.
3. Purchaser not named on a purchaser N12 claim. The hearing may not proceed without them.
4. Tenant did not move out because of the notice. Section 57 requires that the tenant vacated as a result of the notice, or of an application or order based on it. A tenant who left for unrelated reasons, or before any notice, may fail on this element.
5. Presumption misapplied. The 60-day presumption covers only own-use N12s, and only T5s filed on or after September 21, 2026. It does not apply to purchaser N12s or N13s.
6. No fee or fee waiver. The application will not be accepted.

What happens next

The LTB holds a hearing. If bad faith (or a first-refusal breach) is found, the order sets out the remedies and who must pay them, including a purchaser where named. A party may request a review within 15 days of an order issued on or after July 1, 2026, or appeal to the Divisional Court on a question of law within 30 days (s. 210).

Recent changes

On September 21, 2026 the T5 form was reissued (2026/09; previous versions will no longer be accepted as of November 30, 2026), the 60-day own-use presumption and the new first-refusal duties took effect, the Reason 4 deadline was extended, and Guideline 12 was updated. See the LTB Operational Update.

Frequently asked questions

How soon must I or my family member move in after an N12?

The law requires occupation within a reasonable time, and the person must intend to live there for at least a year. For T5s filed on or after September 21, 2026, bad faith is presumed if no one named moves in within 60 days after the N12 termination date, or 60 days after the tenant actually left if that was later. The landlord can rebut the presumption.

Can a tenant file a T5 if the L2 was settled on consent?

Yes. The LTB may find bad faith despite an earlier good-faith finding (s. 57(4)), and Guideline 12 notes that a T5 can succeed even after a consent order.

Does the 60-day rule apply to a purchaser's N12?

No. The s. 57(6.1) presumption covers only N12s given under s. 48 for the landlord's own use. Purchaser claims still turn on whether the person moved in within a reasonable time and whether the notice was given in good faith.

Official sources

• Residential Tenancies Act, 2006, ss. 48–57.1, 135, 207, 210
• O. Reg. 240/26, Prescribed Period of Time
• T5 Instructions
• T5 application (PDF)
• T5 Schedule of Parties (PDF)
• Interpretation Guideline 12
• LTB Rules of Procedure, Rules 5.1, 19, 26
• LTB Operational Update, September 21, 2026
• LTB Forms, filing and fees

Last reviewed October 31, 2026. This page is general information, not legal advice for your situation. Always use the current version of the form from the LTB.