Cui v Tang

Landlord wins · Burlington · 2021-10-12

Adjudicator

Heather Chapple

Dispute

Tenant Rights

Landlord

Z.T.

Tenant

J.C.

Landlord rep

Shirley Fan

What happened

Tenant applied to determine if the Residential Tenancies Act applies to his accommodation, as the landlord claimed the unit was exempt under section 5(i) of the Act due to the requirement to share the kitchen with the landlord's spouse.

The ruling

The Residential Tenancies Act does not apply to the rental unit as the landlord's spouse resided in the unit and the tenant's occupants were required to share the kitchen with the landlord's spouse, meeting the exemption criteria under section 5(i) of the Act. The tenant's application is dismissed as the Board lacks jurisdiction.