The appellant landlord appealed a decision of the Landlord and Tenant Board ordering him to pay damages to the respondent tenant for a bed bug infestation.
The landlord argued the Board lacked jurisdiction because the property was exempt as shared accommodation.
The Board found as a fact that the tenant was not required to share a kitchen or bathroom with the landlord.
The Divisional Court dismissed the appeal, holding that the appeal was restricted to questions of law under section 210 of the Residential Tenancies Act, 2006, and the landlord was improperly challenging findings of fact.