Lowes v GUTIERREZ

Tenant wins · Port Perry · 2025-06-27

Adjudicator

Joshua Labbe

Dispute

Jurisdiction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

B.L.

Tenant

A.G.

Landlord rep

Ayoubi Ali

What happened

Landlord applied to terminate the tenancy and evict Tenant for non-payment of rent. During the hearing, it was established that Landlord resides in the property and shares a kitchen with Tenant. The Board had to determine if the Residential Tenancies Act applies to this arrangement given the shared facilities with the owner.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board determined that because the Tenant shares a kitchen with the Landlord/owner, the Residential Tenancies Act does not apply to the living arrangement. Therefore, the LTB does not have the authority to issue orders regarding this dispute.