Davenport v Hickey

Landlord wins · Blackstock · 2025-10-08

Adjudicator

Colin Elsby

Dispute

Illegal Rent Increase, Jurisdiction

Landlord

J.H., M.P.

Tenant

V.D., B.H.

Landlord rep

Melody Pearce-Hickey

Tenant rep

Brandon Hennings

What happened

Tenants applied for a rent rebate, alleging Landlords increased the rent by $500.00 monthly without authorization. Landlords argued the arrangement was exempt from the Residential Tenancies Act because occupancy was conditional on the Tenant providing labor on their farm and included horse boarding fees.

The ruling

The application is dismissed because the Board lacks jurisdiction. The living arrangement is exempt from the Residential Tenancies Act, 2006, under Section 5(b), as occupancy was found to be conditional on the Tenant providing assistance with farm operations.