Mwamba v Williams

Tenant wins · Ajax · 2025-10-29

Adjudicator

Candace Aboussafy

Dispute

Jurisdiction

Landlord

A.M.

Tenant

D.W.

Landlord rep

Taff Butters

What happened

The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to a rental unit that was advertised on Airbnb. The Landlord contended that the arrangement was a short-term rental exempt under section 5(a) of the Act. The Tenant had informed the Landlord prior to renting that she required the unit as a residence while waiting for social housing. The Landlord required the Tenant to book in 30-day increments through the platform and provided a unit that was largely unfurnished. The Board had to determine if the living accommodation was intended for the travelling or vacationing public.

The ruling

The Landlord and Tenant Board determined that the Residential Tenancies Act, 2006 applies to the rental unit. Despite being booked through Airbnb in 30-day increments, the Board found that the unit was intended for residential use rather than as short-term accommodation for the travelling or vacationing public. Therefore, the Landlord's application for exemption was denied.