Kong v Rhora

Tenant wins · Scarborough · 2025-05-16

Adjudicator

Diane Wade

Dispute

Personal Use, Review Of Order

Notice

Personal use (N12)

Landlord

A.C.K.

Tenant

C.R., J.R.

What happened

A tenant, who claimed he was only a co-signer and not an occupant, filed a review to have his name removed from a previous eviction and compensation order. The original order was for the landlord's own use of the property. The co-signer argued he never lived in the unit and his role was solely to guarantee the lease for his daughter. The Landlord and Tenant Board agreed, finding he was not a 'tenant in possession' and ordered his name removed from the original order, relieving him of any liability.

The ruling

The Board granted the Tenant's request for review, finding a serious error in the original order. The evidence showed that one of the individuals named as a tenant was, in substance, a co-signer who never resided in or possessed the unit. The Board applied Section 202(1) of the RTA to look at the 'real substance' of the transaction and concluded he was not a 'tenant in possession'. Therefore, his name was ordered to be removed from the original eviction and compensation order.