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LTB Order on Applicability of Residential Tenancies Act at 141 Stedman Street

Determination of Act's applicability based on shared facilities and landlord's residency

Case Timeline

Application Date: Date not provided
Hearing Date: 2025-06-23
Order Issued: 2025-07-21
Termination Date: Not applicable
Eviction Deadline: Not applicable

Case Overview

Case Number: LTB-L-038282-25
Address: 141 Stedman Street, Ottawa ON K1T0B4
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Landlord
Application Type: Determination of applicability of the Residential Tenancies Act
RTA Sections: Section 9(1)(a), Section 5(i), Section 4(1)

Parties Involved

Landlord: Henry Thomas
Landlord Rep: Lisa Duchene
Tenant: Vanessa Thomas, Virginia Thomas Kuklinski
Tenant Rep: Michel Thellend
Adjudicator: Not specified
Keywords: exemption, shared facilities, temporary absence

Decision Summary

The LTB determined that the Residential Tenancies Act does not apply to the living arrangement due to the shared facilities and familial relationship.
The landlord's brief relocations did not alter his primary residence status at the residential complex.

Dispute Summary

Tenants argued the application should be separate for each tenant.
Dispute over whether the landlord's temporary absence affected the applicability of the Act.

Findings & Determinations

The Act does not apply to the residential complex.
The landlord's temporary absence did not change the legal obligations under the tenancy.

Summary Points

The application was to determine if the Residential Tenancies Act applies to a residential complex shared by siblings.
The Act does not apply due to exemption under section 5(i) as the landlord and tenants share kitchen facilities and are related.
The landlord's temporary absence does not affect the exemption.
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