Young v Safe

Split/Other wins · Mississauga · 2024-11-27

Adjudicator

Sandra Macchione

Dispute

Harassment, Illegal Entry, Refusal To Allow Assignment Or Sublet, Substantial Interference

Notice

N7

Landlord

M.S.

Tenant

S.H.Y., D.L., J.W.L.L.

Tenant rep

Raymond Lee

What happened

The tenants filed applications alleging the landlord illegally entered the rental unit, substantially interfered with their reasonable enjoyment, and harassed them. The landlord filed an application to terminate the tenancy and evict the tenant due to undue damage and substantial interference. The key issue was whether the Residential Tenancies Act applied to this tenancy.

The ruling

The Tribunal found that the Residential Tenancies Act does not apply to this tenancy because the landlord lives in the basement and the tenants are required to share the kitchen with the landlord. As a result, the Tribunal dismissed the tenants' applications and the landlord's application.