McMaster v SIFTON Properties Limited

Tenant wins · London · 2024-10-03

Adjudicator

Jane Dean

Dispute

Illegal Fees

Amount

<$5K

Landlord

SIFTON Properties Limited

Tenant

A.C.M., C.M.

Landlord rep

Joe Hoffer, Kristin Ley

What happened

Tenants applied for an order determining that the Landlord collected or retained money illegally, including reserve funds for the RiverBend Clubhouse, RiverBend Common Area, and Sifton Community Fees. The Tenants argued these fees are in contravention of the Residential Tenancies Act.

The ruling

The Tenants proved some of the allegations in their application on a balance of probabilities. The Landlord must pay the Tenants $1,083.79 for illegally collected fees. The Landlord's 7-year rent increase term is unlawful, and the rent increases since 2021 were invalid. The lawful rent is $811.13 effective October 1, 2024. The Landlord's collection of reserve funds and community fees contravenes the Act.