Landlord Wins Rent Increase Above Guideline Case: SKWC c/o TRI and EC v Gholamreza Neekceema
Landlord wins rent increase above guideline case, despite tenant's maintenance issues
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Jan 8, 2021
Dispute Summary
Landlord applied for an order to increase the rent above the guideline due to capital expenditures. The tenant raised maintenance issues, but the Board determined it lacked jurisdiction to consider those issues in this application.
Determinations
- Landlord justified rent increase above guideline due to capital expenditures
- Maximum rent increase allowed is 3.91%
- Board lacks jurisdiction to consider tenant's maintenance issues in this application
Case Study
The Board determined that the landlord justified a rent increase above the guideline due to capital expenditures, and the maximum rent increase allowed is 3.91%. The Board also determined that the maintenance issues raised by the tenant would not support a finding that the landlord was in serious breach of its obligations, and therefore the Board lacked jurisdiction to consider those issues in this application.
Arguments and Actions
Tenant
Arguments
The tenant raised a number of maintenance issues, but the Board determined it lacked jurisdiction to consider those issues in this application.
Decision Summary
The landlord may increase the rents charged by 3.91%, with 3% increase from January 1, 2019 to December 31, 2019, and 0.91% increase from January 1, 2020 to December 31, 2020. The rent will be reduced after the weighted useful life of the capital expenditures (13 years).
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
5.0%
Mutual Agreement
5.0%
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