Can a landlord terminate a tenancy if they intend to convert it into an Airbnb?
This week’s Decision of Interest looks at this question and the rules around it.
Plus why is this Decision of Interest set to become merely an academic talking point?
Case Background:
The landlord issued a termination notice on January 14, 2022, effective April 15, 2022, citing the conversion of the premises into “commercial premises for at least 90 days” as the reason.
The tenant alleged retaliatory motives, pointing to the notice’s timing after a tense meeting on January 12, 2022.
The landlord justified the termination due to financial reasons, citing lockdown constraints on her Airbnb business and unexpected costs, with plans to switch to Airbnb once lockdown restrictions eased.
Legal Authorities:
Section 54 RTA: The Tribunal may deem a termination notice retaliatory if the landlord’s motives stem wholly or partly from the tenant’s exercise of rights.
Section 51 (2) (e): A landlord may terminate a periodic tenancy by giving at least 90 days’ notice if: the premises are to be converted into commercial premises for at least 90 days by the landlord or owner.
So, what was the outcome? Can a landlord terminate a tenancy if they’re converting to an Airbnb? Plus, why is it subject to change?
