Head leases: Residential or commercial tenancy agreements?August 21st, 2012
FiledAugust 21st, 2012A recent decision of the Landlord and Tenant Board (the “Board”) has drawn some interest in the social housing community. By way of some context, some time ago, a supportive housing provider (the “SHP”) entered into a lease with an owner of an apartment building (the “Private Sector Landlord”) to rent a rental unit. The purpose of the lease, from the SHP’s perspective, was to sublet the rental unit to a tenant who participated in the SHP’s programs. This is a fairly common arrangement for social housing providers. For reasons that I do not know, and that do not matter for the purposes of this discussion, the Private Sector Landlord applied to the Board for an order to terminate the SHP’s tenancy because it, or someone it permitted in the residential complex, substantially interfered with, among other things, the reasonable enjoyment of the Private Sector Landlord.