DOMBROSKIE v DOMBROSKIE

Landlord wins · Barry's Bay · 2023-04-14

Adjudicator

Heather Chapple

Dispute

Termination of Tenancy

Landlord

C.D., L.D.

Tenant

D.D.

Landlord rep

Cedar Swartz-Fisher

What happened

The landlords, Chris Dombroskie and Lisa Dombroskie, purchased the subject premises from the tenant, Doreen Dombroskie, on November 24, 2020. The landlords are the son and daughter-in-law of the tenant. The agreement of purchase and sale stated that the tenant could continue to reside at the property until she found suitable accommodations, and that this clause would not constitute a tenancy agreement and the Residential Tenancies Act would not apply. The tenant was responsible for paying utilities but no rent. The landlords filed an application to determine that there is no landlord-tenant relationship and the Act does not apply.

The ruling

The Residential Tenancies Act does not apply to the occupancy of the tenant, Doreen Dombroskie, at the subject premises. There is no landlord-tenant relationship between the parties.