Hansen v Baille

Landlord wins · Pickering · 2025-10-14

Adjudicator

Dana Wren

Dispute

Jurisdiction

Landlord

T.E.O.B.M.H., F.H.

Tenant

T.R.B., F.P.

Landlord rep

Sidney Sheridan

What happened

The Landlord applied for a determination of whether the Residential Tenancies Act applies to the living arrangement. Following the death of the property owner, the Estate Trustee discovered the occupants in the home. The occupants claimed to have a lease agreement and to have been providing care for the deceased owner. The Landlord challenged the validity of the lease, alleging it was forged and that the occupants were unauthorized.

The ruling

The Landlord and Tenant Board determined it lacks jurisdiction over the matter because the Residential Tenancies Act, 2006 does not apply. The Board found the lease agreement was a forgery created by the occupants to attempt to stay in the home after the owner's death. Additionally, the arrangement was exempt under Section 5(i) as a shared kitchen living situation.