Carroll v Scott

Landlord wins · Cardinal · 2025-06-18

Adjudicator

Vicky Liu

Dispute

Jurisdictional Issue, Tenant Rights

Landlord

M.S.

Tenant

E.C.

Tenant rep

Catherine Easter

What happened

The Tenant filed a T2 application claiming the Landlord illegally entered the unit, harassed her, and interfered with her reasonable enjoyment. The Landlord challenged the Board's jurisdiction, arguing that the arrangement is exempt from the Residential Tenancies Act, 2006 under subsection 5(i) because the parties share a kitchen facility in the same building where the Landlord resides.

The ruling

The Tenant's application is dismissed. The Board determined that it lacks jurisdiction over the matter because the Tenant shared a kitchen with the Landlord, which exempts the living arrangement from the Residential Tenancies Act, 2006.