Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Danton Place Apartments Limited v Tenants, 2021 CanLII 144314 (ON LTB)
File Number: TEL-00979-19-AM
Order Date
Sep 16, 2021
The Landlord may increase the rents charged by 1.79% for the units set out in Schedule 1. The percentage increase may be taken within the time period of August 1, 2019 to July 31, 2020, and in addition to the annual guideline in effect on the increase date for the unit. If the Tenant's rent is increased pursuant to the percentage increase ordered for capital expenditures and the same Tenant remains in the unit after the expiration of the weighted useful life for capital expenditures, then the rent will be reduced.
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. The application was resolved by written hearing.
The Landlord responded that the annual rent increase only covers inflationary increases in building operating costs. This limits the amount of fund a landlord can put aside for major capital expenditures. The Landlord submits that it relies on section 126 of the Act in order to apply for the above guideline increase for incurred major capital expenditures.
The Tenant submits that the elevators are essential for multi-storey buildings and therefore the Landlord should have put aside funds for the modernization of the elevators. The Tenant also submits that, as a low-income senior, she should not be burdened with the expense of the above guideline increase due to the costs of the elevator modernization.
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