Thomas v Thomas

Landlord wins · Ottawa · 2025-07-21

Adjudicator

Benjamin Seigel

Dispute

Jurisdiction

Landlord

H.T.

Tenant

V.T., V.T.K.

Landlord rep

Lisa Duchene

Tenant rep

Michel Thellend

What happened

The Landlord, who is the brother of the Tenants, filed an application to determine if the Residential Tenancies Act, 2006 (the 'Act') applies to their living situation. All parties reside in the same house and share a kitchen. The Tenants argued that the Act should apply because they signed standard lease agreements in 2021 and alleged the Landlord had moved out for an extended period. The Landlord countered that he had only been on vacation and temporarily stayed at his girlfriend's residence, but always maintained the property as his primary home. The core of the dispute was whether the exemption under section 5(i) of the Act (sharing a kitchen with the owner) was still valid.

The ruling

It is ordered that the Residential Tenancies Act, 2006 does not apply to this tenancy. The Board found that the exemption under section 5(i) of the Act is valid because the Landlord (owner) and Tenants are siblings who share a kitchen in the same building. The Board determined that the Landlord never ceased to reside at the property, despite a lengthy vacation and frequently staying elsewhere, and that the signing of standard leases did not override this factual exemption.