Dakwar v Homestead - Tenants Win Illegal Rent Increase Dispute
Tenants win $1335 rent rebate after landlord tried to illegally charge for parking
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 80 Ridout Street South, London, ON N6C5H7
Decision in favor of
tenant
Balance Owed to Tenants
$1,336
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2023
Hearing Date
Apr 2024
Order Date
May 15, 2024
Dispute Summary
Tenants applied for a reduction in rent due to an illegal rent increase for parking charges. The Landlord claimed parking was not included in the rent unless there was a specific parking addendum, which there was not. The Tenants argued that parking was included in the rent based on an oral agreement with the Landlord's agent when they signed the lease.
Determinations
- Application amended to proceed under section 135 of the Residential Tenancies Act, 2006 instead of section 103
- Tenants proved on a balance of probabilities that parking was included in the rent based on an oral agreement with the Landlord's agent
- November 2023 rent increase of $190 for parking was illegal
Arguments and Actions
Landlord
Arguments
Landlord argued that if parking was included in the rent, there would have been a parking addendum attached to the tenancy agreement.
Actions
Landlord claimed parking was not included in the rent unless there was a specific parking addendum, which there was not.
Tenant
Arguments
Tenants argued that parking was included in the rent based on an oral agreement with the Landlord's agent when they signed the lease.
Actions
Tenants were provided with two parking spots and parking passes at the start of the tenancy in December 2020. Tenants were not charged for parking until November 2023 when the Landlord indicated an additional fee would be charged.
Decision Summary
The Tenants proved that parking was included in the rent based on an oral agreement with the Landlord's agent when the tenancy began. The November 2023 rent increase of $190 for parking was therefore illegal, and the Landlord must pay the Tenants a rebate of the illegally collected rent.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
78.6%
Tenant Favorable
7.1%
Mutual Agreement
14.3%
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Financial Details
Lawful Rent
$1,940
Application Fee
$53
Total Owing
$1,336 (Owed to Tenants)
Source
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