LOMAS v CUNGU

Landlord wins · Hamilton · 2023-11-23

Adjudicator

James Campbell

Dispute

Exemption From Residential Tenancies Act

Landlord

J.L.

Tenant

A.C.

Landlord rep

K. Hawkes

Tenant rep

W. Chapman

What happened

The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit at 454 Mohawk Road West, Hamilton. The Landlord and Tenant were required to share the kitchen and bathroom in the house at the time they entered the lease, and the Landlord lived in the house at the time the Tenant moved in. The Landlord did not vacate the house at a later date, so the Act did not begin to apply at any subsequent point in time.

The ruling

The Residential Tenancies Act, 2006 does not apply to the relationship between the Landlord and Tenant.