Hill v Prud'homme

Split/Other wins · Bourget · 2024-10-11

Adjudicator

Jonathan Rosenstein

Dispute

Unauthorized Occupant

Landlord

N.H.

Tenant

L.P.

Landlord rep

Redmond O'Brien

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant and Unauthorized Occupant because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent. The Landlord also applied for compensation by the Occupant for the use of the rental unit.

The ruling

The application is dismissed because the Residential Tenancies Act, 2006 does not apply to the relationship between the Landlord and Tenant, as the Tenant retained a life estate in the property after transferring ownership to the Landlord. The Board does not have the power to provide any relief to the Landlord.