Part 42 published on 01/05/13
Condominium corporation could terminate tenancy (at end of term) to allow for occupancy by on-site superintendent
The condominium corporation rented the superintendent’s suite (part of the common elements) to a regular tenant while the building was being serviced by an off-site superintendent. The condominium corporation later wished to again employ an on-site superintendent, who would reside in the superintendent’s suite.
The Landlord and Tenant Board held that a condominium corporation (as landlord) did not have the right to terminate a tenancy under Section 48 of the Residential Tenancy’s Act, 2006, on the grounds that “the landlord in good faith requires possession of the rental unit for the purpose of residential occupation” by the landlord, a member of the landlord’s family, or a person who provides care services to the landlord or the landlord’s family.
On appeal, the Divisional Court overturned the decision of the Landlord and Tenant Board. The Divisional Court said:
In the context of this appeal, it is my view that when a corporation that is the landlord of a building occupies a rental unit for the purpose of engaging and requiring one or more natural persons to reside in the unit because on-site residency is reasonably incidental to their functions on behalf of the corporation, the residential occupation of those natural persons is also that of the corporation. In such circumstances, it is open to the landlord to invoke Section 48(1) to attempt to regain possession of the unit for that purpose.