Landlord Wins Exemption Case: Suzanne Porter v Tianning (Tina) Ning (Wong) 2023
LTB rules Residential Tenancies Act does not apply to long-term AirBNB rental in Toronto
Summarized by RentZenLast updated: September 12, 2024
Case Summary
69 Walmsley, Toronto, ON M4V1X7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2023
Order Date
Jun 15, 2023
Dispute Summary
Landlord filed an A1 application to determine whether the Residential Tenancies Act, 2006 applies to the current living arrangement. The subject property is the upper level of a detached home, originally advertised on the AirBNB platform. The tenant, Tianning Ning, and her family sought housing in Canada and booked the property through AirBNB for an extended period from August 2022 to June 2023. The landlord later sought to move back into the rental unit due to a change in personal circumstances, but the tenant did not vacate, claiming protection under the Act.
Determinations
- Landlord filed A1 application to determine Act applicability
- Section 5(a) exemption applies, Act does not apply
- Property was upper level of detached home, advertised on AirBNB
- Tenant booked property through AirBNB for extended stay
- Parties did not agree to standard lease agreement
- Tenant's initial intention was to stay until June 2023 before returning home
- Services provided by landlord were typical of vacation rental
Case Study
The Board found that the exemption in Section 5(a) of the Residential Tenancies Act applies, as the living accommodation was intended to be provided to the travelling or vacationing public. The key factors were: the property was advertised and booked through AirBNB, the parties did not agree to a standard lease agreement, the tenant's initial intention was to stay until June 2023 before returning home, and the services provided by the landlord were typical of a vacation rental.
Decision Summary
The Board found that the Residential Tenancies Act does not apply to the current living arrangement, as the exemption in Section 5(a) for living accommodation intended for the travelling or vacationing public applies.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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