Pazos v Anton

Tenant wins · Haliburton · 2025-06-18

Adjudicator

Trish Carson

Dispute

Jurisdiction

Notice

Tenant rights (T2)

Landlord

N.A.

Tenant

K.P., R.C.

Landlord rep

Bill Burd

Tenant rep

Aman Dhillon

What happened

Tenants filed an application to determine if the Residential Tenancies Act, 2006 (the 'Act') applies to their tenancy. The new Landlord, who purchased the property and moved in, argued the tenancy was exempt from the Act because he shares a kitchen with the Tenants, and a clause in their original agreement mentioned this. The Tenants contended that the original landlord never lived in the unit, so the exemption could not be created after the tenancy began. The Board had to decide if the Act applied.

The ruling

It is ordered that the Residential Tenancies Act, 2006 applies to this tenancy. The Board found that the exemption for sharing a kitchen with an owner did not apply because the original landlord did not live in the unit when the tenancy began. A new owner moving in later does not change the legal status of the tenancy. The T2 portion of the Tenants' application has been severed into a new file and will be scheduled for a separate hearing.