Landlord Wins Dispute Over Unauthorized Occupants: McLean v Mills 2024
LTB dismisses application by unauthorized occupants, finding they lack tenant status under the Residential Tenancies Act
Summarized by RentZenLast updated: September 23, 2024
Case Summary
Unit ****, 50 Driftwood Ave, North York, ON M3N2M6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2023
Hearing Date
Feb 2024
Order Date
May 10, 2024
Dispute Summary
The tenants applied for an order determining that the landlords entered the rental unit illegally, altered the locking system without providing replacement keys, and harassed, obstructed, coerced, threatened or interfered with the tenants.
Determinations
- Applicants are not tenants under the Act
- No lawful subtenancy agreement created
- Applicants are unauthorized occupants
Case Study
The Board found that the applicants are not tenants as defined under the Residential Tenancies Act, 2006, and therefore do not have standing to file an application against the respondents. The applicants were found to be unauthorized occupants, as there was no lawful subtenancy agreement created between the applicants and the named tenant, Serena Mills.
Decision Summary
The application is dismissed as the Board is not satisfied that the applicants are tenants as defined under the Act, and therefore do not have standing to file an application against the respondents.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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