MacPherson v Dugas

Tenant wins · Vanier · 2024-06-25

Adjudicator

Robert Patchett

Dispute

Illegal Rent Increase

Notice

N10, N1

Amount

<$5K

Landlord

S.D.

Tenant

K.M., R.H.

What happened

Tenants applied for an order determining that the Landlord collected or retained money illegally by increasing the rent above the guideline amounts without a valid N10 agreement. The Landlord served N10 agreements on the Tenants, but the Tenants did not counter-sign them. The Landlord also served an N1 notice of rent increase, which the Tenants partially paid.

The ruling

The Landlord collected rent in excess of the amount allowed by the Act. The Landlord must repay the Tenants $583.88, which includes $495 for excess rent collected, $53 for the application fee, and a $35.88 credit. If the Landlord does not pay by July 6, 2024, they will owe interest at 7% annually on the outstanding balance.