Josephine Walker v John Dzelme

Landlord wins · Hamilton · 2023-05-25

Adjudicator

Curtis Begg

Dispute

Residential Tenancies Act Jurisdiction

Landlord

J.W.

Tenant

J.D.

Landlord rep

F.Gomez

What happened

The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the tenancy. The Landlord and Tenant reside in a house, with the Tenant living in the basement and the Landlord living on the main floor. The key issue is whether the Tenant was required to share the kitchen with the Landlord.

The ruling

The Board does not have jurisdiction over this tenancy as the Tenant was required to share the kitchen with the Landlord, which is an exemption under the Act.