BD v Landlord

Landlord wins · Toronto · 2016-01-19

Dispute

Residential Tenancies Act Applicability

Landlord

L.

Tenant

B.

Landlord rep

J K, G S

Tenant rep

Z M

What happened

The Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to unit #B-3, which the Tenant rented from the previous landlord within the same complex. The issue to be determined is whether unit #B-3 is exempt from the Act under subsection 5(j), which states that the Act does not apply to premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes is under a single lease and the same person occupies the premises and the living accommodation.

The ruling

The Residential Tenancies Act, 2006 does not apply to unit #B-3 rented by the Tenant, as the unit was used predominantly, if not exclusively, for commercial purposes to house the Tenant's recording studio business. The Tenant's application is dismissed.