Chris: I would not serve as an N9 now, but I would inform the owner in writing that your daughter will not take possession of the unit. There is no legal deadline for serving an N9 – you could do it now. The RTA has an interesting provision regarding the application of a declaration of unduly served termination for the first legal date (from the point of view of calculating the rental liability). If you now complete an N9 with a termination date for the end of the term, you also indicate that you intend to maintain the lease until that date. It is simply better to inform the owner that you are not taking possession or that you are providing an N9 with an up-to-date date. My inclination is the first. This will give the roommates the opportunity to find someone else, and he will not pretend to end their rent. If nothing really happens — to the other. The Colocs will not find a replacement lease, and your daughter will not be removed from the lease and will then visit again the concept of service to the N9. Michael K.
E. Thiele hello and thank you very much for the awakening of this question. The RTA allocation and sublease legislation is probably as complicated as any of the RTA`s. The operational section of the Act is Part VI (assignment and sublease) from Section 95. It is worth reading these sections for the exact language of what you can do and when you can do it. The sections read quite precisely as a diagram of “if that`s it.” So you should really work through section 95 with the facts you have in mind to see what you can do. Having said that, your question reflects a fairly strong understanding of how the attribution process works. It seems that you have a general refusal of the owner to authorize an assignment (no refusal to a particular agent).
I hope you have documented the transfer application to prove that you have the right to transfer. The language of action uses the word “questions” that proposes and the oral question – which is unfortunate in my opinion. Ideally, there is an assignment form that provides the same “notes” at the end of the form as for other notes (p.B. form N9). I mention that, and it is relevant to your purposes, because owners often feel ambushed by the use of Section 95.