RG, SM and JA v AL

Tenant wins

Dispute

Illegal Act, Maintenance, Tenant Rights

Landlord

A.L.

Tenant

R., S., J.A.

Landlord rep

D S

Tenant rep

A B, B R

What happened

Tenants filed T6, T2, and T1 applications against Landlord for maintenance issues, harassment, illegal entry, substantial interference with reasonable enjoyment, and illegal collection/retention of money. Landlord claimed the unit was exempt from the Residential Tenancies Act under subsection 5(a). The initial order found in favor of the Landlord, and Tenants requested a review.

The ruling

The review request is granted. The initial order finding the unit exempt from the Act is set aside. The Tenants' applications will be heard de novo on the merits. The exemption under section 5(a) of the Act does not apply to this nine-month student rental, which was used as the Tenants' primary residence during the school year.