Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$2,000
to Landlord
Agree with the ruling?
Citation: Ying v Mackay, 2024 ONLTB 93607
File Number: LTB-L-068493-24
Application Date (Estimate)
Sep 2024
Hearing Date
Nov 2024
Order Date
Dec 17, 2024
We estimate Application Date using rent arrears.
The Board found that the Residential Tenancies Act, 2006 does not apply to the rental unit because the Tenant was required to share a kitchen and bathroom with the Landlord's spouse, who meets the definition of 'spouse' under the Act. Therefore, the Board does not have jurisdiction to hear the application, and the application is dismissed.
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant argued that the Residential Tenancies Act, 2006 does not apply because the Tenant was required to share a kitchen and bathroom with the Landlord's spouse.
The Landlord testified that the rental unit was purchased after the Landlord's separation from the spouse in 2021, and that the Landlord has allowed the spouse to live in the rental unit rent-free since January 2024. The Landlord stated that a tenancy with the Tenant was never intended, but turned into one because of the actions of the spouse, which the Landlord did not agree with.
The Tenant argued that the Residential Tenancies Act, 2006 does not apply because the Tenant was required to share a kitchen and bathroom with the Landlord's spouse.
The Tenant testified that he moved into the rental unit in March 2024, where he lived with the Landlord's spouse. The Tenant stated that there was no lease agreement or agreed upon rent, and that he paid $1,000 per month for April and May 2024 even though he was not required to pay rent.
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Lawful Rent
$1,000
Rent Arrears
$2,000
Ordered Amount
$2,000 (to Landlord)
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