Pandey v Qayame

Landlord wins · Whitby · 2025-07-07

Adjudicator

Dawn Carr

Dispute

Illegal Charge, Jurisdiction

Landlord

N.Q.

Tenant

K.P.

What happened

The Tenant filed an application seeking the return of money allegedly collected or retained illegally by the Landlord. At the hearing, the Landlord argued that the Residential Tenancies Act, 2006 does not apply because the parties share a kitchen and bathroom. The Tenant admitted to sharing a kitchen with the Landlord. As a result, the Board had to determine whether it had the legal authority to hear the case under the Act's exemptions.

The ruling

The application is dismissed. The Landlord and Tenant Board does not have jurisdiction over this matter because the Tenant and Landlord share a kitchen, which exempts the arrangement from the Residential Tenancies Act, 2006, pursuant to Section 5(i).