Landlord Wins Rent Reduction Dispute in Cornwall, Ontario: Cornbec Properties Limited v Tenants 2021
Landlord wins rent reduction dispute in Cornwall, Ontario, with LTB varying reduction from 2.27% to 0.12%
Summarized by RentZenLast updated: July 26, 2024
Case Summary
323 Second Street East, Cornwall, ON K6H6J9
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 and the amount of the municipal property taxes does not rise to 20% of the total annual rents charged, and because there is an error in the calculation of the rent reduction contained in the Notice of Rent Reduction issued by the City of Cornwall.
Determinations
- The residential complex falls under the multi-residential property tax class and the amount of the municipal property taxes does not rise to 20% of the total annual rents charged, so the Landlord is entitled to an order varying the percentage rent reduction.
- There is an error in the notice of rent reduction issued by the City of Cornwall with respect to the amount of the municipal taxes, so the Landlord is entitled to an order varying the percentage rent reduction.
Arguments and Actions
Landlord
Arguments
The Landlord submits that the city's notice of rent reduction erroneously listed the 2018 property taxes, and that the actual 2018 municipal taxes and charges were lower. The Landlord also claims that the 2019 municipal taxes and charges failed to include a waste credit.
Tenant
Arguments
The Board received a submission from the Tenant, Guy Allaire. This submission was taken into consideration to the extent we can under the legislation.
Decision Summary
The rent reduction set out in the Notice of Rent Reduction issued by the City of Cornwall is varied from 2.27% to 0.12% effective December 31, 2019.
Adjudicator Details
LTB Member
Total Orders
81
Landlord Favorable
92.6%
Tenant Favorable
2.5%
Mutual Agreement
4.9%
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