Kandiah v Oxley
Tenant wins · Toronto · 2022-03-07
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- A.K.
- Tenant
- F.C.A.O.
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The application was based on an N4 notice served on August 5, 2021, with a termination date of August 25, 2021. However, it was determined that the Residential Tenancies Act does not apply to this tenancy as the Landlord and Tenant share a kitchen facility in a condominium unit owned by the Landlord.
The ruling
The Landlord's application is dismissed due to lack of jurisdiction. The Residential Tenancies Act, 2006 does not apply to this tenancy because the Landlord and Tenant share a kitchen facility in a condominium unit owned by the Landlord.