H.P. Inc. v Tenant

Landlord wins · 2020-03-31

Adjudicator

Sonia Anwar-Ali

Dispute

Residential Tenancies Act Application

Landlord

H.P. Inc.

Tenant

T.

Landlord rep

D.G.

What happened

Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the tenancy. The Landlord argued that the exemption in section 5(h) of the Act applies as the rental unit is located in a building used in part for non-residential purposes and the Tenant's occupancy is conditional on their employment with the Landlord's business. However, the Board found that the Tenant's occupancy was not conditional on their employment, and therefore the exemption does not apply.

The ruling

The Board determined that the Residential Tenancies Act, 2006 applies to this tenancy, as the exemption in section 5(h) of the Act does not apply. The Tenant's occupancy was not conditional on their employment with the Landlord's business.