MAISEY v C&A GROUP

Landlord wins · Hamilton · 2026-01-12

Adjudicator

Benjamin Seigel

Dispute

Illegal Rent Increase

Landlord

C&A GROUP

Tenant

M.M.

Landlord rep

Eric Spalvieri

What happened

The Tenant filed an application alleging that the Landlord collected illegal rent. The Tenant claimed the rent was increased in August 2023 from $780.00 to $1,100.00, which exceeded the guideline, and a subsequent March 2025 increase was based on this illegal amount. The Landlord argued that the 2023 increase became lawful because the Tenant paid it for 12 consecutive months without challenging it within a year of the first charge, as per Section 135.1 of the Act.

The ruling

The Tenant's application for a determination of illegal rent collection is dismissed. The 2023 rent increase, while initially exceeding the guideline, became lawful because the Tenant paid the new amount for over 12 months and failed to challenge it within the one-year statutory window.