Evictly

Anderson v Coughlin

Tenant wins · Kanata · 2024-10-25

Adjudicator
Jonathan Rosenstein
Dispute
Tenant-initiated Termination
Landlord
J.C.
Tenant
N.A.
Tenant rep
Tim Coughlin

What happened

The Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to his living arrangement with the Landlord. The Landlord intended to provide short-term guest accommodation in her basement, but the Tenant argued that the relationship was governed by the Act.

The ruling

The Tribunal found that the Residential Tenancies Act, 2006 applies to the living arrangement between the Landlord and Tenant, despite the Landlord's intention to provide short-term guest accommodation. The Tenant was not required to share the kitchen and bathroom with the Landlord, so the exemption in s. 5(i) did not apply.