Butland v Mitchell

Tenant wins · Hamilton · 2025-11-06

Adjudicator

Curtis Begg

Dispute

Jurisdiction

Landlord

S.M.

Tenant

T.B.

Landlord rep

Sandra Askew

What happened

The Tenant applied for a determination of whether the Residential Tenancies Act, 2006 applies to the rental unit. The Landlord argued that the unit was exempt under subsection 5(i) because the Tenant supposedly shared, or was required to share, a kitchen with the Landlord. The Board examined the living arrangements, noting the Tenant had a separate entrance and exclusive bathroom, and primarily used a laundry sink and personal appliances in the basement. The Board concluded that the Act does apply as the Landlord failed to prove the exemption.

The ruling

The Landlord and Tenant Board determined that the Residential Tenancies Act, 2006 applies to this tenancy. The Landlord's claim for an exemption based on a shared kitchen was rejected because the evidence showed the Tenant occupied a separate, self-contained unit with its own entrance and did not share a kitchen with the Landlord in practice or by agreement.