M.P.C.G.I. v H.S.
Last updated: July 26, 2024
Order
Ordered by Kimberly Parish,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: M.P.C.G.I. v H.S., 2021 CanLII 143669 (ON LTB)
File Number: TEL-03943-19
Timeline
Application Date
Aug 2019
Hearing Date
Nov 2020
Order Date
Oct 29, 2021
Decision
The Landlord is granted an above guideline rent increase of 0.61% for the capital expenditures on the front access ramp and exterior waterproofing repairs. The increase can be applied to the affected units, excluding those that were not properly served with the application.
Dispute
Landlord applied for an order to increase the rent charged by more than the guideline due to capital expenditures. The Landlord justified the rent increase above the guideline for the front access ramp and exterior waterproofing repairs. The Board found the capital expenditures met the requirements under the Residential Tenancies Act and granted the above guideline increase.
Determinations
- Landlord justified above guideline increase for capital expenditures
- Capital expenditures met requirements under the Act
- Landlord served some tenants but not all with the application
- Board amended application to remove units not properly served
Landlord's Arguments
Arguments
Landlord argued that the capital expenditures met the requirements under the Residential Tenancies Act and that the Landlord is required to comply with the applicable requirements under the AODA and property standards bylaws.
Actions and Evidence
Landlord submitted that the supporting documents were available on site for viewing by the tenants. Landlord also submitted that the capital expenditures were necessary to comply with housing standards and property standards bylaws.
Procedural Errors
Landlord did not serve some of the rental units with the application and notice of hearing.
Tenant's Arguments
Arguments
Tenant argued that due to the pandemic, the provincial government stipulated that Landlords cannot apply rent increases until 2022. Tenant also argued that the tenants should not have to pay the costs for the capital expenditure because all establishments are required to provide proper accessibility in accordance with the Access for Ontarians with Disabilities Act.
Actions and Evidence
Tenant submitted that due to the pandemic, she was unable to view the documents referenced in the Notice of Hearing.
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