RW v SAH

Split/Other wins · 2016-02-08

Dispute

Determination Of Residential Tenancies Act Application

Landlord

R.

Tenant

S.

Landlord rep

P.H.S.

Tenant rep

J.S.

What happened

Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the living arrangement between the Landlord and Tenant. The Landlord claimed the Tenant was her roommate, not a tenant, and they did not have a tenancy agreement. The Tenant claimed she was a tenant and paid the Landlord's maintenance fees.

The ruling

The Residential Tenancies Act does not apply to the living arrangement between the Landlord and Tenant, as they did not have a legally binding tenancy agreement and their relationship was more akin to a friendship.