Wronowski v Hutton

Landlord wins · Thunder Bay · 2025-08-05

Adjudicator

Mayra Sawicki

Dispute

Illegal Rent Increase

Landlord

B.H.

Tenant

M.W.

Landlord rep

K. Parmar

What happened

Tenant applied for a determination that Landlord collected or retained money illegally due to rent increases without proper notice. Tenant argued that rent was increased from $750.00 to $1,050.00 and then to $1,200.00 without formal notice and above the guideline. Landlord argued that because Tenant paid the $1,200.00 rent for over 12 consecutive months without challenge, the rent is deemed lawful under the Act.

The ruling

The Tenant's application for the return of illegal rent was dismissed. Although the Landlord initially increased the rent without the required notice and above the legal guideline, the Tenant's payment of the increased rent for twelve consecutive months without filing a legal challenge within the first year resulted in the rent being deemed lawful under the Residential Tenancies Act.