DB v Tenant

Tenant wins · [CITY] · 2018-07-23

Dispute

Jurisdiction

Landlord

D.

Tenant

T.

What happened

The Landlord sold the rental property to a new owner in September 2017. The Tenant did not pay rent for September 2017, and the Landlord filed a claim in Small Claims Court for the rent arrears. The Small Claims Court stayed the claim, finding that the relationship between the parties was one of landlord and tenant, and that the Landlord and Tenant Board had jurisdiction.

The ruling

The Residential Tenancies Act does not apply to this case, as the Landlord was no longer the Landlord at the time he commenced his claim for the arrears of rent. The proper forum for the Landlord to pursue his claim is the Small Claims Court.