Sastre v Scott
Landlord wins · Cardinal · 2025-06-20
- Adjudicator
- Vicky Liu
- Dispute
- Harassment, Illegal Entry, Jurisdiction, Substantial Interference
- Landlord
- M.S.
- Tenant
- P.S.
- Tenant rep
- Catherine Easter
What happened
The Tenant filed a T2 application alleging illegal entry, substantial interference, and harassment by the Landlord. At the hearing, the Landlord argued that the Residential Tenancies Act does not apply because he lives in the same building and shares a kitchen with the tenants, per section 5(i) of the Act. The Board's decision focused solely on this jurisdictional issue, ultimately dismissing the Tenant's application.
The ruling
The Tenant's application regarding illegal entry, interference, and harassment was dismissed. The LTB determined it did not have jurisdiction over the matter because the living arrangement fell under the exemption in section 5(i) of the Residential Tenancies Act. The Board found that the Tenant was required to share a kitchen with the Landlord, who also resides in the building.