LTB Order LTB-T-009879-23

O. under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 73352 (CanLII) Citation: P. v T., 2023 ONLTB 73352 Date: 2023-11-10 File Number: LTB-T-009879-23 In the matter of: 1546 Curry Ave Windsor ON N9B3P1 Tenants Between: K. P. M. L. A. L. V. C. T. T. T. K. P. A. M. L. (the 'Tenants') A. F. an O. D. T. V. C. T. A. T. T. (the 'L.') collected or retained money illegally. This application was heard by videoconference on October 30, 2023. The L. A. the Tenants attended the hearing. The L. requested an adjournment because they filed application LTB-L-074045-23 A. want it heard together with this application. The L.’ Representative was out of the country but joined from abroad A. was not well. The adjournment was denied, as the Board is mandated to ensure the most efficient use of their time A. resources. The L. was present, A. the L.’ Representative had an adequate opportunity to cross examine the Tenants’ evidence A. prepare F. the hearing. Determinations: 1. As explained below, the Tenants proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the Tenants $4,178.00. 2. The Tenants moved into the rental unit on August 20, 2004. This tenancy is subject to the Ontario Rent Increase guideline. The rent increase guideline is the maximum amount a landlord can increase rent during the year F. most tenancies without the approval of the Landlord A. Tenant Board. 3. The L. did not issue a lawful Notice of Rent increase (NORI) in accordance with section 116 of the Act which states: . Notice of rent increase required O. Page 1 of 3 2023 ONLTB 73352 (CanLII) File Number: LTB-T-009879-23 116. (1) A landlord shall not increase the rent charged to a tenant F. a rental unit without first giving the tenant at least 90 days written notice of the landlord’s intention to do so. Increase void without notice (4) An increase in rent is void if the landlord has not given the notice required by this section, A. the landlord must give a new notice before the landlord can take the increase. 4. The L. sent an email of the increase; the Landlord may only raise rent if they gave the Tenants at least 90 days’ written notice using the correct form. In addition, at least 12 months must have passed since the first day of the tenancy or the last rent increase. The L. produced no evidence T. the email given to the Tenants substantially complies with the technical requirements mandated by the Act. 5. When there’s no Notice of rent increase A. when no 90 days are given, s.135.1 of the Act, deems the rent increase valid if the tenant pay the increase F. 12 months without challenging it. 6. Section 29(2) of the Residential Tenancies Act, 2006 (the ‘Act’) also states no application may be made more than one year after the day the alleged conduct giving rise to the application occurred. This means T. the Board only has jurisdiction to award the remedy to the Tenants from December 1, 2021, if the Board determines the Tenants was overcharged illegal rent during the one-year period before the filing of the application on December 1, 2022. 7. I find the lawful rent, therefore is $825.00 December 1, 2021, which is the rent T. was charged one year from the date the application was filed The increase on January 1, 2021, from $825.00 to $850.00 is unlawful not only because there was no NORI but in 2021, the government imposed a rent freeze, A. a landlord was prohibited from increasing rent within the 2021 calendar year. Since the Tenants filed their application opposing the increase within the 12-month period, they are entitled to the difference between the lawful rent A. unlawful rent increase. The Tenants paid the unlawful rent increase from January 1, 2021, to December 1, 2022, which covers almost a two year period. 8. Due to the one-year limitation period, however the Tenants are entitled to $25.00 ($850.00-$825.00) F. each month F. the period starting December 1, 2021, to January 31, 2022, or $50.00. The increase of $875.00 effective February 1, 2022, is also unlawful A. the L. owes the Tenants a difference of $50.00 F. each month F. the period starting February 1, 2022, to May 2022 or $200.00 ($50.00 x 4 =$200.00).  9. The Tenants were not charged June 2022 rent charges because they were out of the unit while renovations were undertaken. 10. When they returned to the unit on July 6, 2022, the L. increased the rent charge unlawfully to $1,600.00 which the Tenants paid F. 5 months F. the rent period starting July 2022 to November 2022. The L., therefore, owes the Tenants $3,875.00 ( 2023 ONLTB 73352 (CanLII) $1,600.00 - $825.00 = $775.00 x 5 months. 11. The Tenants are seeking other remedy related to other issues which were not properly before me A. may be subject to other applications if its within the one-year period from the date the issue arose. . File Number: LTB-T-009879-23 12. The total amount the L. owe the Tenants is $4,125.00 ($50.00 +$200.00+$3,875.00). It is ordered T.: 1. The total amount the L. shall pay the Tenants is $4,178.00. This amount represents: o $4,125.00 F. excess rent collected. o $53.00 F. the cost of filing the application. 2. The L. shall pay the Tenants the full amount owing by November 21, 2023. 3. If the L. do not pay the Tenants the full amount owing by November 21, 2023, the L. will owe interest. This will be simple interest calculated from November 22, 2023, at 7.00% annually on the balance outstanding. 4. The Tenants have the right, at any time, to collect the full amount owing or any balance outstanding under this O.. November 10, 2023 Date Issued Sandra Macchione Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 73352 (CanLII)