Defining a Rental Unit

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Kong v Hamilton Fire Department, 2016 CanLII 102466 (ON FSC)

27. The criteria for collective decision-making that have been cited in Good v. Waterloo and subsequent cases address the characteristics of a housekeeping unit, which is one of the pre-requisites cited by the Fire Code to identify a dwelling unit. These criteria have included occupants who lease premises as a group, arrange rent as a single amount, have responsibility for selecting replacement tenants in the event of the departure of an individual, determine their own room assignments, pay for utilities independent of the landlord, provide their own furnishings, take responsibility for housekeeping and cleaning, perform as a cohesive group through occupation over lengthy periods of time, store and consume food together and who enter into relationships that extend outside the sharing of accommodation and school activities. The criteria also include the absence of presence and control by the landlord or the landlord’s representative.

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