Chen v Randall

Landlord wins · Hamilton · 2025-10-29

Adjudicator

Elle Venhola

Dispute

Harassment, Illegal Act, Jurisdiction, Maintenance, Substantial Interference

Landlord

A.R.

Tenant

C.C.

What happened

The Tenant applied for various orders regarding maintenance, illegal entry, lock changes, harassment, and illegal collection of money. The original hearing member determined that the Residential Tenancies Act did not apply because the Tenant shared a kitchen or bathroom with the Landlord. The Tenant requested a review of that decision, alleging serious errors in fact-finding and the application of case law regarding the Landlord's occupancy of the building.

The ruling

The Tenant's request for a review of the order dated February 3, 2025, is denied. The original order, which determined that the Residential Tenancies Act does not apply to this arrangement because the Tenant shares facilities with the Landlord, is confirmed. The stay of the original order is lifted.