Landlord Wins Exemption from Residential Tenancies Act: 2481241 Ontario Inc. v Rogers
LTB rules hotel resort rental exempt from Residential Tenancies Act
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2225 Highway 60, Huntsville, ON P1H2J6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Nov 15, 2021
Dispute Summary
Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the relationship between the parties. The Landlord alleged that the Tenant's rental unit is part of a hotel resort and therefore exempt from the Act.
Determinations
- Landlord filed A1 application to determine if Act applies
- Tenant's rental unit is part of a hotel resort, exempt from Act
- Landlord provided rental unit on a weekly basis, charged weekly rate plus HST
- Landlord provided furnishings, utilities, and grounds maintenance, like a hotel
- Tenant did not receive typical landlord services like maintenance
- Landlord did not intend to create a tenancy relationship
Case Study
The Landlord's intention was to provide short-term accommodation to travelers and vacationers, not to create a tenancy under the Residential Tenancies Act. The Tenant was charged and paid a weekly rate plus HST, similar to a hotel guest, and did not receive typical landlord services like maintenance. Although the Tenant may have believed she had a long-term tenancy, the evidence shows the Landlord did not intend to create a tenancy relationship.
Arguments and Actions
Landlord
Arguments
The intention of the parties is paramount, and the relationship was similar to that of a hotel and its guests.
Actions
Landlord provided rental unit, furnishings, utilities, and grounds maintenance, like a hotel. Landlord never intended to create a tenancy.
Tenant
Arguments
Even if the resort is exempt, it does not preclude a Landlord and Tenant relationship between these parties.
Actions
Tenant believed she had a long-term tenancy, but paid weekly rates plus HST as a hotel guest.
Decision Summary
The Residential Tenancies Act, 2006 does not apply to the relationship between the Landlord and Tenant. The Tenant's rental unit is part of a hotel resort and is therefore exempt from the Act.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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