LTB Order LTB-T-010697-23

Order under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 77288 (CanLII) 1 2 2023 ONLTB 77288 (CanLII)  2023 ONLTB 77288 (CanLII) In the matter of: A, 311 Jeremy's Crescent Mount Forest Ontario N0G2L3 Between: G. S. T. A. T. Martin, T. Martin, Landlords T. A. T. Martin operating as TLC Properties G. S. (the 'T.') applied for an order determining that T. Martin, T. Martin, A. “T. A. T. Martin operating as TLC Properties” (the 'Landlords') collected or retained money illegally. This application was heard by videoconference on November 1, 2023. The T. A. the T.’s Representative Warren Dickson, who is a family member, attended the hearing. The Landlords T. Martin A. T. Martin also attended. Preliminary Issue: 1. A preliminary issue was raised with the parties with respect to who the T. intended to name as respondents on the T1 application, given that she listed “T. A. T. Martin” as landlords along with a company called “TLC”. The parties clarified that T. Martin A. T. Martin are a couple, A. the T.’s landlords, A. that they also operate a company called “T. A. T. Martin operating as TLC Properties”. All parties agreed that the individual landlords A. the landlord company were provided with adequate notice of the hearing, A. that all three should be named as respondents, given that the company was also listed on the T.’s lease. The application is amended to reflect these three names. Determinations: 2. As explained below, the T. proved the allegations contained in the application on a balance of probabilities. Therefore, the Landlords must compensate the T. in the amount of $1,200.00 plus the $53.00 application filing fee. 3  3. The T. moved into the rental unit on August 1, 2019 A. as of the hearing date, currently resided in the unit. Order Page of 3 2023 ONLTB 77288 (CanLII) File Number: LTB-T-010697-23 4. The T.’s rent was initially $1,500.00, with utilities being separate. Rent is due on the first of each month. 5. On November 1, 2021 the T. received an informal notice of rent increase from the Landlords which was not on a Board approved form, but on the company TLC Properties letterhead. It stated: “Dear G. S., This is to notify you that your rent plus outside maintenance costs – lawn cutting, snow removal, spring & fall cleanup & gardens – will increase January 1, 2022 to $1600.00 […].” 6. All parties agreed that the reason for the increase in rent from $1,500.00 to $1,600.00 was in relation to the Landlords’ property upkeep, maintenance, A. carrying costs, A. that it constituted an above guideline increase. 7. The T. paid the increase of $100.00 in rent between January 1, 2022 to December 1, 2022 for a total of 12 months, but filed her T1 application within one year of the increase first taking effect by filing with the Board on December 20, 2022. 8. Pursuant to section 135.1 of the Residential Tenancies Act, 2006 (the ‘Act’) a notice of rent increase that would otherwise by void under subsection 116(4) of the Act (which relates to the requirement to use a Board approved form A. provide a T. with a guideline increase, plus 90 days notice), is deemed not to be void if the T. has paid the increased rent in respect of each rental period for at least 12 consecutive months. 9. However, in this case, by having filed her application on December 20, 2022 the T. complied with sections 135.1(2) A. section 135(4) of the Act which impose a one year limitation period on a T., A. which allows them an opportunity to challenge an unlawful rent increase if an application is filed within one year of the date that money was first collected in contravention of the Act. 10. Thus, the T. is entitled to be reimbursed for 12 months of overpayments in the amount of $1,200.00. The rental increase by the Landlords was illegal because it failed to comply with the requirements of the Act to provide the T. with 90 days notice of the increase, use a Notice of Rent Increase form, A. limit the increase to the guideline percentage amount, pursuant to sections 116 A. 120 of the Act. It is ordered that: 1. The total amount the Landlords shall pay the T. is $1,253.00. This amount represents: o $1,200.00 for excess rent collected. o $53.00 for the cost of filing the application. 2. The Landlords shall pay the T. the full amount owing by December 11, 2023. Order Page of 3 . File Number: LTB-T-010697-23 4  3. If the Landlords do not pay the T. the full amount owing by December 11, 2023, the Landlords will owe interest. This will be simple interest calculated from December 12, 2023 at 7.00% annually on the balance outstanding. 4. If the Landlords do not pay the T. the full amount owing by December 11, 2023, the T. may recover this amount by deducting $1,253.00 from the monthly rent for the period of January 1, 2024 to January 31, 2024. 2023 ONLTB 77288 (CanLII) 5. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this order. November 30, 2023 ______________________ Date Issued Madeline Ntoukas Member, Landlord A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page of 3 . 5