Kumar v Chand

Landlord wins · Thornhill · 2025-05-09

Adjudicator

Susan Priest

Dispute

Illegal Act, Illegal Rent/Charges, Substantial Interference, Tenant Rights

Notice

Tenant rights (T2), Money collected illegally (T1)

Landlord

D.C.

Tenant

A.K.

What happened

The Tenant filed T2 and T1 applications against the Landlord, alleging illegal entry, substantial interference, harassment, and illegal collection of money. The Landlord raised a preliminary issue, arguing that the Residential Tenancies Act, 2006 (the 'Act') does not apply because the tenancy agreement required the Tenant to share a kitchen with the Landlord, who also lives in the building. The Board agreed, finding that the living arrangement falls under the exemption in section 5(i) of the Act. Consequently, the Board determined it lacked jurisdiction and dismissed the Tenant's applications.

The ruling

The Tenant's T1 and T2 applications are dismissed. The Board found it has no jurisdiction over the matter as the Residential Tenancies Act, 2006 does not apply. This is because the living accommodation required the Tenant to share a kitchen with the Landlord, who also resides in the building, which is an exemption under section 5(i) of the Act.