Hayes v Cook

Tenant wins · McDougall · 2025-04-25

Adjudicator

Kate Sinipostolova

Dispute

Jurisdiction

Landlord

C.H.

Tenant

I.C.

Landlord rep

Monica Beaumont

Tenant rep

Jayson R. Swain

What happened

The Landlord applied to the LTB to determine if the Residential Tenancies Act, 2006 applies to the rental arrangement. The Landlord argued the tenancy was exempt under section 5(i) because the Tenant was required to share a kitchen with her. The Tenant disputed this, stating the basement had a functional kitchenette and he was not required to use the Landlord's main floor kitchen.

The ruling

The Board determined that the Residential Tenancies Act, 2006 applies to the rental unit. The Landlord failed to prove that the Tenant was required to share a kitchen or bathroom with her, which is the condition for exemption under section 5(i) of the Act. The Board found the basement had a functional kitchen and the Tenant's evidence was more credible.