Evictly

Hodgson v Garcia

Tenant wins · Kitchener · 2022-06-02

Adjudicator
Heather Chapple
Dispute
Tenant Rights
Landlord
R.A.G.
Tenant
D.H.
Landlord rep
Reilly Cservenyi
Tenant rep
Shaun Harvey

What happened

Tenant applied for a determination of whether the Residential Tenancies Act, 2006 applies to their living situation. The landlord claimed exemption under subsection 5(i), arguing that the tenant was required to share bathroom and kitchen facilities. The tenant disputed this claim, stating he had exclusive use of these areas.

The ruling

The Landlord and Tenant Board determined that the Residential Tenancies Act, 2006 applies to the living situation. The Board found insufficient evidence to support the landlord's claim of exemption under subsection 5(i) of the Act, as the tenant was not required to share bathroom or kitchen facilities with the landlord.