Hayworth v Ahmed

Tenant wins · Oshawa · 2024-11-13

Adjudicator

Jonathan Rosenstein

Dispute

Tenant-initiated Termination

Landlord

F.A., H.F.

Tenant

P.H., B.H.

What happened

Tenants applied for an order to determine whether the Residential Tenancies Act, 2006 applies to their tenancy. The property was previously a single-family dwelling that was renovated into two separate living spaces - a lower unit occupied by the Tenants and an upper unit. The Landlord argued that the lower unit is exempt from rent control provisions under Section 6.1 of the Act.

The ruling

The Landlord's argument that the lower unit is exempt from rent control provisions under Section 6.1 of the Residential Tenancies Act was rejected. The lower unit does not meet all the criteria for the exemption, as it was not created from 'unfinished space' prior to the renovation. Therefore, the rent control provisions of the Act apply to the tenancy.