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Determination of Exclusion from Residential Tenancies Act Protection

Case Analysis of Shared Facilities and Primary Residence

Case Timeline

Application Date: Date not provided
Hearing Date: 2023-10-03
Order Issued: 2023-11-23
Termination Date: Not applicable
Eviction Deadline: Not applicable

Case Overview

Case Number: LTB-L-062277-23
Address: 454 MOHAWK ROAD WEST, HAMILTON ON L9C1X4
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Landlord
Application Type: Determination of whether the rental unit is excluded from the protection of the Residential Tenancies Act
RTA Sections: Section 5(i)

Parties Involved

Landlord: JOHN LOMAS
Landlord Rep: Ms. K. Hawkes
Tenant: ANA CUNGU
Tenant Rep: Mr. W. Chapman
Adjudicator: Not specified
Keywords: exclusion, shared facilities, primary residence

Decision Summary

The adjudicator ruled in favor of the landlord, confirming the exclusion of the rental unit from the Act.

Dispute Summary

Landlord claims the Act does not apply due to shared kitchen and bathroom.
Tenant opposes the claim, leading to the LTB hearing.

Findings & Determinations

The rental unit is excluded from the Act's protection due to shared facilities with the landlord.

Summary Points

The application was to determine if the rental unit is excluded from the Act.
The unit is part of a house where the landlord also resides.
Shared facilities between landlord and tenant.
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