Stephens v Waters

Landlord wins · Barrie · 2025-05-13

Adjudicator

Alicia Johnson

Dispute

Substantial Interference, Tenant Rights

Landlord

M.W.

Tenant

L.S.

What happened

Tenant and an Occupant filed an application against the Landlord alleging substantial interference and harassment. The primary issue was whether the Occupant, who shared the unit and paid rent to the Tenant, had legal standing as a 'tenant' under the Act. The Landlord contended that only Tenant 1 was on the lease and the Occupant was never screened or accepted as a tenant. The relationship between the Tenant and Occupant deteriorated, leading to the Occupant's removal by police.

The ruling

The application was dismissed because the Board determined it lacked jurisdiction. One of the applicants was found to be a roommate/occupant rather than a legal tenant, as he had no contractual relationship with the Landlord and paid rent directly to the other tenant. Roommates and occupants do not have the right to file applications against landlords at the LTB.