LTB Order LTB-T-061032-22

O. under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 66794 (CanLII) Citation: Xu v Wu, 2023 ONLTB 66794 Date: 2023-10-05 File Number: LTB-T-061032-22 In the matter of: 223 Knudson Dr Kanata Ontario K2K2N7 Tenants Between: W. Xu Q. L. A. L. H. Wu W. Xu A. Q. L. (the 'Tenant') A. F. an O. D. T. H. Wu (the 'L.') collected or retained money illegally. This application was heard by videoconference on August 10, 2023. The L., the L.’s Interpreter, April Zhang, A. the Tenants attended the hearing. Determinations: 1. The Tenants have made an application to the Board to determine T. the L. collected money illegally from the Tenants by increasing the amount of rent due by $100.00/month. 2. Rent was due on the 21st of the month. 3. On June 21, 2022, the L. increase the rent from $850.00/month to $950.00/month. 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. a $10.20 increase from $850.00. 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. 6. I find T. the rent increase on June 21, 2022, ran contrary to the Act by increasing the rent higher than the guideline increase. Therefore, the rent increase on June 21, 2022, is illegal.  O. Page 1 of 2 2023 ONLTB 66794 (CanLII)  File Number: LTB-T-061032-22 7. Both parties submitted T. the $200.00 T. the Tenants were seeking was already compensated to the Tenants prior to the hearing, however, the Tenants are seeking the 2023 ONLTB 66794 (CanLII) filing fee F. this application. 8. Therefore, the Tenants will only be awarded the filing fee of $53.00. It is ordered T.: 1. The L. shall pay to the Tenants $53.00, which was the cost to file this application. 2. The L. shall pay the Tenant the full amount owing by October 16, 2023. 3. If the L. does not pay the Tenant the full amount owing by October 16, 2023, the L. will owe interest. This will be simple interest calculated from October 17, 2023, at 7.00% annually on the balance outstanding. October 5, 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.