Pursuant to Rule 26.19 and Guideline 8 of the RTA, the landlord submits a request for a review based upon the ground that the review order is in breach of natural justice and an improper application of Section 83(3)(b) of the Residential Tenancies Act, 2006 (RTA). The...
Residential Tenancies Act
Should Delaying The Inevitable Be This Easy?
The Section 1 of the Residential Tenancies Act, 2006 states that the purpose of the Act amongst other things, is to protect tenants. With this in mind, parties should be aware that decisions originating from the Landlord and Tenant Board (LTB) are primarily based with...
Who is a Landlord?
The Applicant submits as follows: 1. The Member made an error of law and fact in his determination of the definition of Landlord that was clearly an unreasonable finding considering the evidence which was before the Member. THE FACTS 2. On or about April 10, 2916, the...
Roommates and the Residential Tenancies Act (RTA) 2006
The Request to Review raised the question of whether Section 61 and 234(x) of the RTA governs the relationship between a tenant and his/her roommate(s) and submits as follows: 1. Does Section 61 and 234(x) govern the relationship between a tenant and his/her roommate...
T2, T3 or T6 that is the Question
ISSUES 1. The Tenants were not able to participate in the proceeding because the Member refused to hear any evidence or submissions from the Tenants. The hearing tape confirms that there is a total disconnect between the Member’s statements at the hearing and the...
What is the correct test for bad faith?
ARGUMENT 1. In Wakula et al v. Yaoutsis, TST-58317-14, the Member determined that, “……the issue before the Board is whether at the time it was given, the notice was given in bad faith.” 2. In the Wakula case, the tenants were pensioners and had resided on the main...
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