Muhammad v Scott Shiel

Tenant wins · Waterloo · 2024-10-01

Adjudicator

Jonathan Rosenstein

Dispute

Determination Of Residential Tenancies Act Application

Landlord

S.M.

Tenant

J.A.S.S.

Landlord rep

Mark Gebriel

What happened

Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the tenancy. The Landlord owns a detached house, with the main floor occupied by the Landlord and his family, and the basement as a separate rental suite with three bedrooms. The Tenant rents one of the bedrooms in the basement suite, and the Landlord's son Anwar rents another bedroom in the same suite.

The ruling

The Residential Tenancies Act, 2006 applies to the tenancy between the Landlord and the Tenant, despite the Landlord's argument that the tenancy is excluded under section 5(i) of the Act.