Thompson v Sandhu

Tenant wins · Georgina · 2025-12-18

Adjudicator

Robert Patchett

Dispute

Jurisdiction

Landlord

Lyndhurst Park Inc.

Tenant

L.T., N.T.

Landlord rep

Amitt Sandhu

What happened

The Tenants applied for a determination of whether the Residential Tenancies Act, 2006 applies to their unit within a trailer park. The Landlord argued the occupancy was seasonal and governed by a 'License of Occupation', which would exempt it from the Act under Section 5(a). The Tenants argued they used the unit and paid fees for year-round occupation, and the park advertised year-round living.

The ruling

The Landlord and Tenant Board ruled that the Residential Tenancies Act, 2006 applies to the unit at Lyndhurst Park. Despite the Landlord's use of a 'License of Occupation' intended for seasonal use, the evidence of year-round occupancy and year-round availability of utilities established that the unit falls under the jurisdiction of the Act. Any terms in the occupancy agreement conflicting with the Act are declared void.