Landlord Wins Rent Reduction Dispute: Timbercreek Asset Management Inc. v Tenants
Landlord wins rent reduction dispute, variation granted by LTB
Summarized by RentZenLast updated: July 26, 2024
Case Summary
44 & 50 Glen Road, Hamilton, ON L8S4N3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Nov 29, 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.
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.
- The Board has amended the Landlord's application by reversing the Reference Year and Base Year costs claimed.
- The Board shall amend the application by removing certain rental units that were not served with the application and notice of hearing.
- The percentage rent reduction set out in the notice of rent reduction issued by the City of Hamilton should be varied.
Arguments and Actions
Tenant
Arguments
The Tenants raise maintenance issues.
Decision Summary
The rent reduction set out in the Notice of Rent Reduction issued by the City of Hamilton dated September 13, 2019 is varied from 1.06% to 0.86% effective December 31, 2019.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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