Landlord Wins Subletting Dispute: ML v SH 2016
LTB denies tenant's request to review ruling limiting sublet duration for month-to-month tenancy
Summarized by RentZenLast updated: July 30, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Mar 29, 2016
Dispute Summary
Tenant applied for an order determining that Landlord arbitrarily or unreasonably withheld consent to sublet the rental unit.
Determinations
- Tenant has a month-to-month tenancy
- Tenant sought to sublet for 3 months, which Landlord refused to consent to
- Member found a month-to-month tenant can only sublet for a term of 1 month less a day
- Tenant's arguments that the Member misinterpreted the Act are rejected
Case Study
The Member's interpretation of the subletting provisions of the Residential Tenancies Act, 2006 was reasonable. A month-to-month tenant's 'term or period' for the purposes of subletting is one month, not the entire duration of the tenancy. This interpretation is consistent with the Act and does not mean month-to-month tenants lose the right to sublet, it just limits the length of the subtenancy.
Arguments and Actions
Tenant
Arguments
The Member relied on an incorrect definition of 'term', ignored the context of subsection 2(2), failed to consider subsection 97(6), and failed to consider the objectives of the Act.
Decision Summary
The request for review is denied. The original order is confirmed and remains unchanged.
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