Heuston v Murray

Landlord wins · Hamilton · 2025-04-03

Adjudicator

Benjamin Seigel

Dispute

Jurisdiction, Tenant-initiated Termination

Landlord

T.L.H.

Tenant

J.M.

What happened

The Landlord applied to terminate the tenancy based on an agreement. At the hearing, the Landlord raised a preliminary issue that the Residential Tenancies Act, 2006 might not apply because the Tenant shared kitchen and bathroom facilities with the Landlord, who is the owner and lives in the building. The Board determined that, under section 5(i) of the Act, it has no jurisdiction over the matter and dismissed the application.

The ruling

The Landlord's application is dismissed. The Landlord and Tenant Board has no jurisdiction over the matter because the Tenant shares kitchen and bathroom facilities with the owner-Landlord, making the tenancy exempt from the Residential Tenancies Act, 2006.