Case Study

Exemption Determination for Basement Rental at 65 Rosedene Avenue

Shared Facilities and RTA Applicability

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-04-06

Order Issued: 2023-05-25

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-L-000347-23

Address: 65 Rosedene Avenue, Hamilton ON L9A1G2

Form Used: Not applicable

Served By: Not applicable

Amount Awarded: Not applicable

Decision In Favor: Landlord

Application Type: Determination of Exemption under the RTA

RTA Sections: Section 5(i)

👥 Parties involved

Landlord: Josephine Walker

Landlord Rep: F.Gomez

Tenant: John Dzelme

Tenant Rep: Self Represented

Adjudicator: Curtis Begg

Keywords: exemption, kitchen sharing, basement rental, RTA non-applicability

⚖️ Decision summary

Based on the lack of adequate kitchen facilities in the basement, the tenancy is exempt from the RTA.

⚠️ Dispute summary

Dispute over whether the basement unit had adequate kitchen facilities to be considered independent from the main house.

📑 Findings & determinations

Tenant required to share kitchen with the landlord, exempting the arrangement from the RTA.

💡 Summary points

The Act does not apply to the tenancy due to required kitchen sharing with the landlord.
The basement unit lacked proper kitchen facilities as per municipal by-laws.

📄 View Official PDF

Share this case

Facebook Twitter LinkedIn Instagram

🏷️ Related by keywords

exemption kitchen sharing basement rental RTA non-applicability

Dineen v Huang-Johnston

Determination of Act Applicability with Shared Facilities

Matched Keyword

LTB Order Review on Residential Tenancies Act Applicability

Case LTB-L-074484-22 Decision

Matched Keyword

LTB Case Analysis: Norg v Walsh

Determining the Applicability of the Residential Tenancies Act

Matched Keyword

🧑‍⚖️ Same adjudicator

Curtis Begg

Eviction Order for Illegal Acts at 10 San Romanoway

Landlord and Tenant Board Order

Same Adjudicator

LTB Order for Eviction - Landlord's Personal Use

Case LTB-L-010932-22

Same Adjudicator

LTB Order on Wilful Damage and Compensation

Case LTB-L-041144-22

Same Adjudicator