Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$0
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Citation: Wilson Property Holdings Inc v Anthony, 2021 CanLII 77313 (ON LTB)
File Number: TNL-27241-20
Hearing Date
Dec 2020
Order Date
Feb 8, 2021
The Landlord's application is dismissed. The Tenant's lawful monthly rent remains at $1,060.98, as it was before the purported increases. The Tenant was not in arrears at the time the application was filed, so the Landlord is not entitled to an order that the Tenant pay the cost of the filing fee.
Landlord applied for an order requiring Tenant to pay rent arrears. The parties disagreed on the effect of an invalid notice of rent increase.
When an N1 notice is invalid because it fails to comply with s. 120 of the Act, the N1 notice should be interpreted to increase the rent to the maximum permitted by the Act.
The consequence of a landlord serving an N1 notice that fails to comply with s. 120 of the Act should be that the lawful rent remains as the pre-increase rent; the increase claimed is illegal and so the landlord is not entitled to any increase.
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Lawful Rent
$1,061
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