Landlord Wins Exemption from Residential Tenancies Act: Dineen v Huang-Johnston
Waterloo landlord wins exemption from Residential Tenancies Act for rental unit with shared kitchen and bathroom facilities
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, Churchill Court, Waterloo, ON N2L6B4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
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Timeline
Hearing Date
Jan 2023
Order Date
Jan 17, 2023
Dispute Summary
The Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit. The Landlords argued that the unit is exempt from the Act as the Tenant was required to share the kitchen and bathroom facilities with the Landlords' family members.
Determinations
- Danielle Johnston was sometimes away from the unit for 4 months at a time
- Rental unit is one of two units in the basement of the home
- Residential Tenancies Act, 2006 does not apply to the rental unit
- Tenant rented the unit from Landlords in December 2015
- Tenant shared kitchen and bathroom with Landlord's daughter Danielle Johnston
- Tenant's claim of a new tenancy in 2017 did not change the shared kitchen and bathroom arrangement
- Unit was occupied by Landlords' other family members during Danielle's absences
Case Study
The Residential Tenancies Act, 2006 does not apply to the rental unit as the Tenant was required to share the kitchen and bathroom facilities with the Landlords' family members, which is an exemption under the Act.
Decision Summary
The Residential Tenancies Act, 2006 does not apply to the rental unit as the Tenant was required to share the kitchen and bathroom facilities with the Landlords' family members, which is an exemption under the Act.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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