Chan v Gadoiboev

Tenant wins · North York · 2025-07-24

Adjudicator

Benjamin Seigel

Dispute

Non-payment of Rent

Landlord

M.Y.K.Y.K.C.

Tenant

M.G., S.M.

What happened

The Landlord applied for rent arrears and daily compensation from the Former Tenant. During the hearing, it was revealed that the Former Tenant rented the property with the intent to sublet rooms for profit and never actually resided in the unit. The Landlord was aware of this arrangement, as he had rented two properties to the Former Tenant simultaneously, one of which served as the Former Tenant's actual residence.

The ruling

The Landlord's application for rent arrears and daily compensation is dismissed. The Board found that the rental arrangement was commercial rather than residential, as the Former Tenant used the unit solely to operate a profit-making room-rental business and never lived there. Consequently, the dispute falls outside the jurisdiction of the Landlord and Tenant Board.