Zhang v Naz

Tenant wins · North York · 2025-08-22

Adjudicator

Karen Gonçalves

Dispute

Jurisdiction

Landlord

E.Z.

Tenant

S.N., M.N.

Tenant rep

Rebecca Ward

What happened

The Landlord applied for a determination on whether the Residential Tenancies Act applies to the rental unit. The Landlord argued that the unit should be exempt because the Tenants shared a kitchen with the Landlord's parents-in-law. The Tenants contended that the tenancy was not exempt when it commenced four years prior, and the Landlord's family members only began sharing the kitchen recently.

The ruling

The Landlord and Tenant Board determined that the Residential Tenancies Act applies to the rental unit. The Landlord's attempt to claim an exemption because family members recently began sharing a kitchen with the Tenants was rejected, as the sharing must exist at the start of the tenancy to trigger the exemption.