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
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.
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