LOMAS v CUNGU - Landlord Wins Exemption from Residential Tenancies Act
Landlord exempted from Residential Tenancies Act as he shared kitchen and bathroom with tenant in Hamilton rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
454 Mohawk Road West, Hamilton, ON L9C1X4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2023
Order Date
Nov 23, 2023
Dispute Summary
The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit at 454 Mohawk Road West, Hamilton. The Landlord and Tenant were required to share the kitchen and bathroom in the house at the time they entered the lease, and the Landlord lived in the house at the time the Tenant moved in. The Landlord did not vacate the house at a later date, so the Act did not begin to apply at any subsequent point in time.
Determinations
- Landlord and Tenant required to share kitchen and bathroom
- Landlord lived in the house at commencement of tenancy
- Landlord did not vacate the house at a later date
Case Study
The Landlord and Tenant were required to share the kitchen and bathroom at the commencement of the tenancy, and the Landlord lived in the house at that time. The Landlord did not subsequently vacate the house, so the Residential Tenancies Act did not begin to apply at a later date.
Decision Summary
The Residential Tenancies Act, 2006 does not apply to the relationship between the Landlord and Tenant.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$500
Source
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