Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Hearing Date
Jun 2023
Order Date
Aug 4, 2023
The Divisional Court dismissed the landlord's appeal, finding that the Landlord and Tenant Board did not err in law when it determined that the Residential Tenancies Act applied to the tenant's lease of a waterfront lot with a cottage. The court agreed with the Board's interpretation that the property was not exempt under s. 5(a) of the Act as seasonal or temporary accommodation, given the 99-year lease term and the purpose of the Act to protect residential tenants.
The tenant filed an application with the Landlord and Tenant Board to determine if the Residential Tenancies Act applied to his tenancy of a waterfront lot with a cottage. The landlord argued the property was exempt under s. 5(a) of the Act as seasonal or temporary accommodation. The Board ruled the Act did apply. The landlord appealed this decision to the Divisional Court.
The landlord argued that the property was exempt under s. 5(a) of the Residential Tenancies Act as seasonal or temporary accommodation, based on the original intent of the lease and the actual seasonal use of the property.
The landlord agreed to allow the leasehold interest to continue until November 30, 2020 after the lease expired, then posted 'No Trespass' signs and placed padlocks on the cottage on March 16, 2021.
The tenant argued that the Residential Tenancies Act applied to his tenancy and that the property was not exempt under s. 5(a) of the Act.
The tenant or his predecessors erected a cottage on the leased lot and used it typically from April/May to October, though there were no restrictions on use during other times of the year.
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