Last updated: July 26, 2024
Ordered by Renée Lang,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Wong v Sik, 2021 CanLII 142050 (ON LTB)
File Number: TSL-15385-20
Application Date
Jan 2020
Hearing Date
May 2021
Order Date
Oct 13, 2021
The Landlord's application is dismissed. The Residential Tenancies Act, 2006 applies to the tenancies in the rooming house.
The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the tenancies in the rooming house. The Landlord claimed the tenancies are exempt under section 5(i) of the Act because the Tenants are required to share a kitchen with the Landlord.
The Landlord testified that from when the Tenants moved in until March 2020 she lived in the residential complex two days a week and would use the kitchen not only when she stayed overnight but also to make lunch on other days. The Landlord testified that she would tell new tenants she would be staying in the house.
Tenant CT testified that there was no arrangement at the outset of the tenancy that the Landlord would live in the house; one day CT discovered the Landlord staying in the basement late at night.
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