Lin v Wong

Landlord wins · Toronto · 2022-01-10

Adjudicator

Greg Joy

Dispute

Residential Tenancies Act Application

Landlord

P.Y.M.W., M.L.

Tenant

H.M.J.G.W., Q.Y.P.

Landlord rep

David Ciobotaru

What happened

Landlords applied for an order to determine whether the Residential Tenancies Act, 2006 applies, and to terminate the tenancy of the Tenants if the Act does apply. The Landlords' brother has been living in the home without paying rent or any other compensation, and the Landlords have asked him to leave but he refuses.

The ruling

The Residential Tenancies Act does not apply, as the Landlords' brother is a guest in their home and there is no landlord and tenant relationship.