Which rule of tenancy applies to a residential home with an in-home office?

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The reasoning for choosing the predominant use guideline is that it effectively assesses the nature of the tenancy based on how the property is primarily being used. In a situation where a residential home also has an in-home office, the primary function and use of the space will influence which tenancy regulations apply. If the residential use of the home is predominant, then the Residential Tenancies Act would typically govern the entire property. Conversely, if the main function is commercial, commercial tenancy regulations may apply. This approach ensures that the specific needs of tenants and landlords are met according to the principal use of the property.

Other options imply a rigidity or inconsistency in how tenancy laws apply, such as suggesting commercial regulations would always encompass the home office or that the landlord’s preferences dictate the applicable laws. In practice, tenancy laws are designed to reflect the nature of occupancy, not just individual choice or isolated aspects of property use.

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