Doehler v North Edge Properties Ltd.

Tenant wins · Toronto · 2024-07-24

Adjudicator

Inderdeep Padda

Dispute

Illegal Rent Increase

Amount

<$5K

Landlord

North Edge Properties Ltd.

Tenant

N.D., K.R.

What happened

Tenants applied for an order determining that the Landlord collected or retained money illegally. The Landlord previously obtained an Above Guideline Increase (AGI) order, which allowed the Landlord to increase the rent by a total of 4.57% over two years. The Tenants argued that the Landlord failed to reduce the rent after the expiration of the weighted useful life of the capital expenditures, as required by the Residential Tenancies Act.

The ruling

The Landlord must pay the Tenants $1,072.86, which represents the amount of excess rent collected, including the application filing fee. The Landlord failed to reduce the rent at the end of the useful life of the capital expenditures as required by section 129 of the Residential Tenancies Act.