Landlord Wins Exemption from Residential Tenancies Act: Neff v Wesley Acres Trailer Park Inc
LTB rules trailer park site exempt from Residential Tenancies Act due to seasonal use
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1391 Wesley Acres Road, Bloomfield, ON K0K1G0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Feb 23, 2024
Dispute Summary
The Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit, which is a leased site on which the Tenant's park model trailer is situated. The Landlord argued that the rental unit is exempt from the Act as it is intended for seasonal or temporary use in a trailer park.
Determinations
- The rental unit falls within the definition of a 'rental unit' under the Act.
- The rental unit is intended for seasonal use between April and December each year.
- The rental unit is located in a trailer park.
- The rental unit is therefore exempt from the Act under clause 5(a).
Case Study
The Landlord's position is that the rental unit is exempt from the Act by clause 5(a), which exempts living accommodation intended to be provided for a seasonal or temporary period in a trailer park. The evidence shows that the rental unit is intended for use between April and December each year, and not January to March. The lack of a physical barrier and the clearing of roads to provide access to an area of the park that is open year-round does not change this intention. The Tenant's practice prior to the COVID-19 pandemic exception was not to stay at the rental unit during the months of January to March.
Decision Summary
The Residential Tenancies Act, 2006 does not apply to the rental unit, which is a leased site on which the Tenant's park model trailer is situated, as it is intended for seasonal use in a trailer park and is therefore exempt under clause 5(a) of the Act.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.