Matthews v Algoma Timberlakes

Tenant wins

Dispute

Tenant Rights

Landlord

Algoma Timberlakes Corp.

Tenant

M.

Landlord rep

T P

Tenant rep

T K

What happened

The Tenants applied for an order to determine whether the Residential Tenancies Act, 2006 applies to their tenancy. The Tenants own homes on rented lots at a large residential complex and are required to make alternative overnight accommodation arrangements during the winter months.

The ruling

The Residential Tenancies Act, 2006 applies to the tenancy relationship. The Tenants are entitled to unrestricted access to the rental units, as restricting their access would amount to substantial interference with the reasonable enjoyment of the rental units. However, since the Landlord essentially took no action to prohibit access, no remedy is necessary for substantial interference up to the date of the hearing.