Lovett v 60 Victoria St. (Alliston) Inc. - LTB Ruling on Tenant Rights
LTB rules Residential Tenancies Act applies to Alliston tenancy despite new landlord's claims
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 60 Victoria Street West, Alliston, ON L9R1T9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
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Timeline
Hearing Date
Feb 2024
Order Date
Feb 28, 2024
Dispute Summary
Tenants applied for an order to determine whether the Residential Tenancies Act, 2006 applies to their tenancy. The landlord purchased the property in May 2023 and claimed the tenants were occupying the unit on the previous owner's 'good will', not as tenants. The tenants argued there was an implied tenancy agreement with the previous owner.
Determinations
- Tenant meets definition of Tenant under the Act
- Implied tenancy agreement existed with previous landlord
- Act applies to relationship between Tenant and new Landlord
- Danielle D'Angelo not party to implied tenancy agreement
Arguments and Actions
Landlord
Arguments
Landlord argued Tenant was not a tenant and the Residential Tenancies Act did not apply.
Actions
New landlord, P. Giordano, testified he was told by the previous owner that Tenant was occupying the unit on the previous owner's 'good will', not as a tenant.
Tenant
Arguments
Tenant argued there was an implied tenancy agreement with the previous landlord, Gus.
Actions
Tenant testified he started fixing up the unit in May 2018 and moved in in mid-August 2018. He paid rent to the landlord's property manager, Lynda, who would pass it on to the landlord, Gus.
Decision Summary
The Residential Tenancies Act, 2006 applies to the tenancy between Brandon Lovett and 60 Victoria St.(Alliston) Inc. Danielle D'Angelo is not a party to the tenancy agreement.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$400
Source
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