Clark v Nowick

Landlord wins · Oshawa · 2022-01-05

Adjudicator

Lynn Mitchell

Dispute

Tenant rights

Landlord

M.N.

Tenant

C.C., T.B.

What happened

Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, entered the rental unit illegally, altered the locking system without providing replacement keys, substantially interfered with their reasonable enjoyment, and improperly handled their property after eviction. The Landlord contended that there was never a tenancy arrangement and that the Residential Tenancies Act does not apply.

The ruling

The Tenants' application was dismissed as the Landlord and Tenant Board determined that no tenancy agreement existed between the Landlord and the Tenants. The Residential Tenancies Act was found not to apply to the circumstances of the application.