Last updated: July 22, 2024
Ordered by Khalid Akram,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Sewell v Medallion Corporation, 2022 CanLII 100213 (ON LTB)
File Number: EAT-91385-20
Hearing Date
Dec 2021
Order Date
Feb 14, 2022
The Tenant's T1 application is dismissed. The Residential Tenancies Act does not apply in this case as the Tenant was determined to be an unauthorized occupant, not a subtenant. The Landlord and Tenant Board does not have jurisdiction over the matter.
Tenant filed applications to determine if the Residential Tenancies Act applies and to claim illegal charges by the Landlords. The dispute arose from an unauthorized subtenancy agreement between Tenant and one of the Landlords, without the consent of the primary Landlord.
Landlords argued that the Residential Tenancies Act does not apply and the Board does not have jurisdiction over the matter.
Landlord 1 discovered the unauthorized occupancy on August 5, 2020, and filed an A2 application to terminate the tenancy and evict Tenant on October 1, 2020.
Tenant argued that the Residential Tenancies Act applies to her situation and that she was charged more than the lawful monthly rent.
Tenant entered into a subtenancy agreement with Landlord 2 without the consent of Landlord 1. Tenant moved into the rental unit on or around January 15, 2020.
Tenant entered into an unauthorized subtenancy agreement without the consent of the primary Landlord.
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