LTB Order LTB-T-008956-23

O. under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 65134 (CanLII) Citation: S. v L., 2023 ONLTB 65134 Date: 2023-09-27 File Number: LTB-T-008956-23 In the matter of: 8 McElroy Court Caledon East Ontario L7C3X2 Tenant Between: A. S. A. L. C. L. A. S. (the 'Tenant') A. F. an O. D. T. C. L. (the 'L.') collected or retained money illegally. This application was heard by videoconference on September 20, 2023. The Tenant attended the hearing A. spoke to Tenant Duty Counsel prior to the hearing. The L.’s Legal Representative, Jackie Struthers A. the L. attended the hearing. Preliminary Issue-Does the Act Apply? 1. The L.’s Legal Representative asserts the Act does not apply as the L. A. the Tenant share a kitchen. 2. The tenancy began October 15, 2022 A. was a month-to-month tenancy. Agreed Upon Facts 3. The Landlords advertisement to lease the property clearly stated T. it was shared accommodations with the L. A. the parties would be required to share a kitchen. 4. The kitchen at the residential complex is located on the main floor. Tenant’s Evidence 5. The Tenant testified she was aware T. the L. resided at the rental unit at the commencement of her tenancy. 6. She testified she has her own bathroom A. is not required to share a bathroom with the L..  O. Page 1 of 3 2023 ONLTB 65134 (CanLII)  File Number: LTB-T-008956-23 7. The Tenant testified there was space in the basement where tenants could go to have their own space. This space had a mini fridge, coffee maker A. cabinets F. food storage. 8. On cross examination, the Tenant testified T. she could not remember if she moved any items into the kitchen on the main level when she moved in or if she cooked in the kitchen 2023 ONLTB 65134 (CanLII) as she vacated the rental unit after 24 hours. L.’s Evidence 9. The L. testified T. the residential complex consists of four bedrooms A. three A. a half bathrooms. 10. She testified the Tenant’s bedroom A. sitting room were located on the upper floor. She further testified the Tenant had access to a powder room on the main floor as well as the kitchen on the main floor which was shared with the L.. 11. She testified there is only one kitchen in the residential complex. 12. She testified there is not a kitchen in the basement, A. the basement consists of a bar sink A. a cold cellar, A. the Tenant did not have access to use this area of the residential complex. Analysis 13. In O. F. the exemption in section 5(i) to apply, the tenancy agreement between the parties must require the Tenant to share the kitchen or bathroom with the owner. T. section states: (5) This Act does not apply with respect to: (i) “Living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, A. where the owner, spouse, child or parent lives in the building in which the living accommodation is located” 14. In this case, I accept the L.’s evidence T. there is only one kitchen in the residential complex A. the L. A. Tenant are required to share the kitchen. I am not satisfied T. there is a secondary kitchen located in the basement of the residential complex. 15. I am satisfied the Tenant was aware at the time she entered the tenancy agreement T. it was a shared accommodation with the L. A. T. she was required to share a kitchen with the L.. 16. I find T. the Board does not have jurisdiction to consider the Tenant’s T1 application because the Residential Tenancies Act, 2006 (Act) does not apply to this rental unit. 17. This O. contains all reasons F. the decision A. no other reasons will be issued.  File Number: LTB-T-008956-23 It is ordered T.: 1. The Residential Tenancies Act, 2006 does not apply. 2. The Tenant’s application is dismissed. 2023 ONLTB 65134 (CanLII) September 27, 2023 Date Issued Trish Carson Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234.