Suzanne Porter v Tianning (Tina) Ning (Wong)

Landlord wins · Toronto · 2023-06-15

Adjudicator

Peter Nicholson

Dispute

Residential Tenancies Act Applicability

Landlord

S.P.

Tenant

T.T.N.W.

Landlord rep

D. Ciobotaru

Tenant rep

M. Yarmus

What happened

Landlord filed an A1 application to determine whether the Residential Tenancies Act, 2006 applies to the current living arrangement. The subject property is the upper level of a detached home, originally advertised on the AirBNB platform. The tenant, Tianning Ning, and her family sought housing in Canada and booked the property through AirBNB for an extended period from August 2022 to June 2023. The landlord later sought to move back into the rental unit due to a change in personal circumstances, but the tenant did not vacate, claiming protection under the Act.

The ruling

The Board found that the Residential Tenancies Act does not apply to the current living arrangement, as the exemption in Section 5(a) for living accommodation intended for the travelling or vacationing public applies.