Tenants Win Illegal Rent Increase Case: Doehler v North Edge Properties Ltd. 2024
Toronto tenants awarded $1073 after landlord failed to reduce rent following expiration of AGI order
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 200 Roehampton Ave, Toronto, ON M4P1R8
Decision in favor of
tenant
Balance Owed to Tenants
$1,073
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Jul 24, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord collected or retained money illegally. The Landlord previously obtained an Above Guideline Increase (AGI) order, which allowed the Landlord to increase the rent by a total of 4.57% over two years. The Tenants argued that the Landlord failed to reduce the rent after the expiration of the weighted useful life of the capital expenditures, as required by the Residential Tenancies Act.
Determinations
- Tenants proved allegations on a balance of probabilities
- Landlord must pay Tenants $1,072.86 for illegally collected or retained money
- Tenants filed application on October 27, 2023
- Tenants reside in the rental unit
- Monthly rent due on 1st of each month
- Relevant provision is subsection 129 of the Residential Tenancies Act, 2006
Arguments and Actions
Tenant
Arguments
Tenants argued that the Landlord failed to reduce the rent at the end of the useful life of the capital expenditures as required by section 129 of the Residential Tenancies Act.
Actions
Tenants have been paying rent to the Landlord even when it was illegally increased on July 1, 2023, in the amount of $1,207.45.
Decision Summary
The Landlord must pay the Tenants $1,072.86, which represents the amount of excess rent collected, including the application filing fee. The Landlord failed to reduce the rent at the end of the useful life of the capital expenditures as required by section 129 of the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
89.7%
Tenant Favorable
8.6%
Mutual Agreement
1.7%
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Financial Details
Lawful Rent
$1,143
Application Fee
$48
Total Owing
$1,073 (Owed to Tenants)
Source
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