Above Guideline Rent Increase Approved: CAPREIT v Tenants 2021
LTB approves 0.53% above guideline rent increase for CAPREIT properties due to municipal tax increases
Summarized by RentZenLast updated: July 26, 2024
Case Summary
101 White Oaks Court, Whitby, ON L1P1A1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
May 18, 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 above guideline rent increase
- Amended application accepted
- Municipal taxes and charges claims accepted
- Some units removed due to lack of service
- Rent freeze period impacts application of increases
Case Study
The Landlord justified a rent increase above the guideline due to an extraordinary increase in municipal taxes and charges. The Board accepted the Landlord's amended application and the claimed municipal taxes and charges. Tenant submissions regarding maintenance issues were considered to the extent allowed by legislation. Some rental units were removed from the application due to lack of service. The Helping Tenants and Small Businesses Act, 2020 impacted the application of rent increases during the rent freeze period.
Arguments and Actions
Landlord
Arguments
Landlord justified the above guideline increase due to extraordinary increase in municipal taxes and charges.
Actions
Landlord filed an amended application on October 8, 2020.
Procedural Errors
Some rental units were not properly served with the application and notice of hearing.
Tenant
Actions
Some tenants raised maintenance issues in their submissions.
Decision Summary
The Landlord is permitted to increase rents by 0.53% for specified units between March 15, 2020 and December 31, 2020. The portion of the application for increases from January 1, 2021 to March 14, 2021 is dismissed due to the rent freeze legislation. The increase is in addition to the annual guideline increase.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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