Evictly

McIntosh v Johnstone

Landlord wins · Bayfield · 2025-06-26

Adjudicator
Elena Jacob
Dispute
Illegal Charges, Tenant Rights
Landlord
I.J.
Tenant
S.M., D.M.
Landlord rep
Kevin Kok

What happened

The Tenants filed an application arguing that the Landlord illegally collected money for property taxes. The Tenants had made two separate payments for taxes, one in September 2023 and another in July 2024. The Landlord contended these charges were legally permissible under the Act and their lease agreement.

The ruling

The Tenants' application, which claimed the Landlord collected illegal charges for property taxes, was dismissed. The Board determined one part of the claim was filed after the one-year limitation period had expired. The other part of the claim was also dismissed because the lease agreement required the payment, and the reimbursement of property taxes for a tenant-owned mobile home is a permissible charge under the Residential Tenancies Act.