CAPREIT Limited Partnership v Pineda: LTB Allows Rent Increase Above Guideline
LTB allows CAPREIT Limited Partnership to increase rents by 0.48% in Pickering due to extraordinary municipal tax hikes
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1865 Glenanna Road, Pickering, ON L1V3V5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Feb 3, 2021
Dispute Summary
Landlord applied for an order permitting the rent charged to be increased by more than the guideline for one or more of the rental units in the residential complex because of municipal taxes and charges.
Determinations
- Landlord justified rent increase above guideline due to extraordinary increase in municipal taxes and charges
- Certain rental units removed from application due to lack of proper service
- Portion of application seeking rent increase during rent freeze period dismissed
Case Study
The Board determined that the Landlord justified a rent increase above the guideline because of an extraordinary increase in the cost for municipal taxes and charges. However, the Board amended the application by removing certain rental units that were not properly served. The Board also dismissed the portion of the application seeking a rent increase that would take effect during the rent freeze period from January 1, 2021 to December 31, 2021.
Arguments and Actions
Landlord
Procedural Errors
The Certificate of Service filed by the Landlord on October 7, 2020, indicates that some rental units listed in the application were not served with the application and notice of hearing. The Board shall therefore amend the application by removing these rental units.
Tenant
Arguments
The Board received a submission from Monique Simmonds, which was taken into consideration to the extent possible under the legislation. The Residential Tenancies Act, 2006 does not provide the Board with the authority to consider Tenants' financial circumstances when considering an above the guideline application.
Decision Summary
The Landlord may increase the rents charged by 0.48% for the units set out in Schedule 1, within the time period of March 1, 2020 to December 31, 2020. The portion of the Landlord's application seeking an above-guideline rent increase due to an extraordinary increase in municipal taxes and charges to take effect during the period January 1, 2021 to February 28, 2021, is dismissed.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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