Unal v Syed

Landlord wins · Scarborough · 2025-07-23

Adjudicator

Joy Xiao

Dispute

Illegal Charges, Jurisdiction

Landlord

S.S.

Tenant

T.U.

What happened

The Tenant applied for an order claiming the Landlord had illegally collected or retained money. During the hearing, a jurisdictional issue arose regarding whether the arrangement was covered by the Residential Tenancies Act, 2006. It was established that the Tenant rented a room in a detached house and shared a kitchen with the Landlord's son, who also resided there full-time. Under the legal exemptions of the Act, such sharing arrangements exclude the tenancy from the Board's jurisdiction.

The ruling

The Tenant's application for the return of illegally collected money was dismissed. The Board determined it does not have jurisdiction over the matter because the Tenant was sharing a kitchen with the Landlord's son, which exempts the tenancy from the Residential Tenancies Act, 2006.