Nicholls v Thompson

Landlord wins · Belleville · 2025-10-21

Adjudicator

Susan Priest

Dispute

Jurisdiction

Landlord

J.N.

Tenant

M.T., B.N.

What happened

The Landlord applied to the Board for a determination of whether the Residential Tenancies Act, 2006 applies to the living arrangement. The Tenants reside in the basement of the Landlord's house, and the Landlord resides on the upper floors. One of the Tenants is the Landlord's daughter. The central issue was whether the sharing of kitchen and bathroom facilities exempted the arrangement from the Act.

The ruling

The Landlord and Tenant Board determined that it lacks jurisdiction over this matter. Because the Tenants share a kitchen and bathroom with the Landlord (who is the owner and the parent of one of the Tenants), the arrangement is exempt from the Residential Tenancies Act, 2006, pursuant to section 5(i).