LTB Order LTB-T-010390-23

O. under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 66795 (CanLII) Citation: S. v P., 2023 ONLTB 66795 Date: 2023-10-06 File Number: LTB-T-010390-23 In the matter of: 1, 21A Bridge St. Carleton Pl ON K7C2V2 Tenant Between: P. S. A. L. J. P. P. S. (the 'Tenant') A. F. an O. D. T. J. P. (the 'L.') collected or retained money illegally. This application was heard by videoconference on August 10, 2023. Only the Tenant attended the hearing. As of 2:15pm, the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Tenant's evidence. Determinations: 1. The Tenant A. F. an O. D. T. the L. illegally increased the rent on January 1, 2022. 2. The Tenant testified T. the L. increased the Tenant’s monthly rent by $50.00 from $725.00 to $775.00 per month. 3. The Tenant was informed of the rent increase by the L. verbally a few days prior to the rent increase taking effect. 4. Pursuant to section 120(1) of the Residential Tenancies Act, 2006 (the ‘Act’), a L. may not increase the rent more than the guideline amount. The guideline amount F. 2022 was 1.2%, which would only allow F. an $8.70 increase from $725.00. 5. Pursuant to section 116(1) of the Act, a L. is required to give the tenant 90 days notice of the rent increase on a form approved by the Board (N1 Notice).  O. Page 1 of 2 2023 ONLTB 66795 (CanLII)  File Number: LTB-T-010390-23 6. I find T. the L. breached both sections of the Act by failing to give the Tenant 90- days of notice of the rent increase on a form approved by the Board, A. by increasing the 2023 ONLTB 66795 (CanLII) rent higher than is allowed under the Act. Therefore, the rent increase is illegal. 7. The Tenant testified T. the L. had compensated the Tenant $600.00 which was the amount being sought on this application, however the Tenant is currently seeking the filing free F. this application. 8. Therefore, the Tenant will only be awarded the filing fee of $53.00. It is ordered T.: 1. The L. shall pay to the Tenant $53.00, which was the cost to file this application. 2. The L. shall pay the Tenant the full amount owing by October 17, 2023. 3. If the L. does not pay the Tenant the full amount owing by October 17, 2023, the L. will owe interest. This will be simple interest calculated from October 18, 2023, at 7.00% annually on the balance outstanding. 4. If the L. does not pay the Tenant the full amount owing by October 17, 2023, the Tenant may recover this amount by deducting $53.00 from the rent due F. November 2023. 5. The Tenant has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. October 6, 2023 Date Issued Robert Brown Member, L. 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.