Hodgson v Garcia
Tenant wins · Kitchener · 2022-06-02
- Adjudicator
- Heather Chapple
- Dispute
- Tenant Rights
- Landlord
- R.A.G.
- Tenant
- D.H.
- Landlord rep
- Reilly Cservenyi
- Tenant rep
- Shaun Harvey
What happened
Tenant applied for a determination of whether the Residential Tenancies Act, 2006 applies to their living situation. The landlord claimed exemption under subsection 5(i), arguing that the tenant was required to share bathroom and kitchen facilities. The tenant disputed this claim, stating he had exclusive use of these areas.
The ruling
The Landlord and Tenant Board determined that the Residential Tenancies Act, 2006 applies to the living situation. The Board found insufficient evidence to support the landlord's claim of exemption under subsection 5(i) of the Act, as the tenant was not required to share bathroom or kitchen facilities with the landlord.