Landlord Wins Rent Reduction Variance Case: Chartwell Master Care LP v Tenants
Landlord wins rent reduction variance for Toronto retirement home property
Summarized by RentZenLast updated: July 26, 2024
Case Summary
10 Senlac Road, Toronto, ON M2N6P8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Nov 17, 2021
Dispute Summary
Landlord applied for an order to vary the percentage rent reduction determined under section 132 of the Residential Tenancies Act, 2006 because the residential complex falls under the multi-residential property tax class as defined under the Assessment Act and the amount of the municipal property taxes in respect of the residential complex does not rise to 20% of the total annual rents charged in the residential complex.
Determinations
- Residential complex is a "retirement home" and falls under the "residential property class"
- Amount of municipal property tax does not rise to 15% of total annual rents
- Landlord is entitled to a variance in the rent reduction previously announced
Case Study
The Landlord's application is amended to reflect that the residential complex is a "retirement home" and falls under the "residential property class" as defined in the Assessment Act. Therefore, the Landlord is entitled to a variance in the rent reduction previously announced by the municipality if the amount of the municipal property tax does not rise to 15% of the total annual rents charged in the residential complex.
Decision Summary
The percentage rent reduction set out in the notice of rent reduction issued by the City of Toronto is varied from 0.49% to 0.10% effective December 31, 2019.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
95.8%
Tenant Favorable
4.2%
Mutual Agreement
0.0%
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