Jurisdiction - Re: Residential Tenancies Act v. Condominium Act

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-25
CLNP Page ID:	1653
Page Categories:	[Jurisdiction]
Citation:	Jurisdiction - Re: Residential Tenancies Act v. Condominium Act, CLNP 1653, <3z>, retrieved on 2024-04-25
Editor:	P08916
Last Updated:	2021/09/15

Residential Tenancies Act, 2006, S.O. 2006, c. 17

3 (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1).

...

(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 2006, c. 17, s. 3 (4).

...

168 (1) The Ontario Rental Housing Tribunal is continued under the name Landlord and Tenant Board in English and Commission de la location immobilière in French. 2006, c. 17, s. 168 (1).

(2) The Board has exclusive jurisdiction to determine all applications under this Act and with respect to all matters in which jurisdiction is conferred on it by this Act. 2006, c. 17, s. 168 (2).

HOT-00068-15 (Re), 2016 CanLII 39881 (ON LTB)

27. The Landlord also testified that, given that the condensation issue arose while the unit was subject to the conditions of the “interim occupancy” period outlined in the Condominium Act, 1998, the Landlord did “own” the unit and was unable to send in his own contractors to repair the problem. The Landlord added that the interim occupancy period ended a few days after the hearing date.

28. Be that as it may, the Landlord herein meets the definition of “landlord” in s. 2(1) of the Act and, as such, he must adhere to the responsibilities of landlords delineated in s. 20(1) of the Act. Further, pursuant to s. 3 of the Act, the Act applies to rental units despite any other legislation, including the Condominium Act, 1998, or agreement to the contrary. Underlining all of this, section 168(2) of the Act confers, on the Board, exclusive jurisdiction over residential tenancies.

TEL-96466-18 (Re), 2019 CanLII 126965 (ON LTB)

11. One of the issues that arises here is with respect to the condominium corporation.

12. Because the rental unit is a condominium unit, the condominium corporation is responsible to the owner of the unit for maintenance and repair of common elements and much of the exterior of the rental unit.

13. Although there is no legal relationship between a tenant and the condominium corporation, when a landlord rents out a unit that is also a condominium unit, the landlord is required to provide the tenant with a copy of the condominium corporation’s declaration, by-laws and rules. In this manner, the tenant is made aware of the fact that the condominium corporation is responsible to the landlord for repair to common and exterior elements. A landlord is also required to notify the condominium corporation of the tenancy and provide the tenant’s name and contact information. (See s. 83 of the Condominium Act, 1998, S.O. 1998, c. 19.)

14. But the existence of the legal responsibility of a condominium corporation for common and exterior elements does not change the fact that the landlord is responsible to the tenant for dealing with all disrepair. In practice, this means that a landlord must understand what issues the condominium corporation is responsible for and promptly and effectively pursue the condominium corporation until it does any repairs or maintenance required for the elements it is responsible for.