Landlord Wins Above-Guideline Rent Increase for Elevator Modernization: 9OL v Tenants 2021
Landlord wins 2.99% above-guideline rent increase for elevator upgrades in Toronto apartment building
Summarized by RentZenLast updated: July 26, 2024
Case Summary
4070 Old Dundas Street, Toronto, ON M6S2R6
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Feb 12, 2021
Dispute Summary
Landlord applied for an order to increase the rent above the guideline due to capital expenditures. The application was resolved by written hearing, with submissions received from the Landlord, a paralegal representing some Tenants, and a self-represented Tenant.
Determinations
- Landlord justified a rent increase above the guideline because of capital expenditures
- Maximum rent increase above the guideline is 2.99% for Elevator Modernization
- Tenants of units 304, 307 and 507 removed as parties to the application
- Tenants raised issues with certain costs, maintenance, and financial impact of above-guideline increase
- Consulting fees for Takamaki Consultants Inc. are eligible as part of capital expenditures
- Alhann Repairs invoice for rooftop walkway is eligible as part of capital expenditures
- Board lacks discretion to reduce the amount the landlord's evidence justifies
- Weighted useful life for capital expenditures is 15 years
Decision Summary
The Landlord may increase the rents charged by 2.99% for the units set out in Schedule 1, effective February 1, 2019 to January 31, 2020. This increase is in addition to the annual guideline. If a Tenant remains in the unit after the expiration of the 15-year weighted useful life for the capital expenditures, the rent will be reduced.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
5.0%
Mutual Agreement
5.0%
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