M.H.V. v B.L.

Split/Other wins · 2016-03-23

Dispute

Residential Tenancies Act Application

Landlord

M.

Tenant

B.

What happened

Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the property and the relationship between the Landlord and Tenant. The property is a 250-acre parcel of farm land with two residential complexes, owned by several individuals and operated as a communal enterprise. The Tenant, B.L., paid a fee to become a member of the organization and pays a monthly 'maintenance fee', but does not pay rent.

The ruling

The Residential Tenancies Act does not apply to the relationship between the Landlord and Tenant, as the Tenant does not pay rent as defined in the Act. The Tenant is a member of the communal enterprise and has an equitable beneficial interest in the property, rather than a landlord-tenant relationship.