Hazelview Property Services Inc v Matsui - LTB Ruling on Rent Discount
LTB dismisses landlord's eviction application, finding landlord did not properly apply rent discount rules
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 165 Bathurst St, Toronto, ON M5V3C2
Decision in favor of
tenant
Balance Owed to Landlord
$15,045
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2022
Hearing Date
Jan 2024
Order Date
Mar 20, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Tenant paid $31,878.98 since application filed
- Rent arrears owing to January 31, 2024 are $15,289.32
- Landlord collected $1,613.57 rent deposit
- Interest on rent deposit of $244.47 is owed to Tenant
- Landlord reduced rent to $900 per month for 17 months without proper notice
Case Study
The Landlord did not properly apply the rent discount rules under the Residential Tenancies Act. The Landlord reduced the rent from $1,715.52 to $900 per month for 17 months, but did not serve an N4 Notice or inform the Tenant of the arrears. The Landlord failed to follow the prescribed rules for rent discounts, and the $900 per month rent became the lawful rent after the 12-month period.
Arguments and Actions
Landlord
Arguments
The rent reduction was a deferral, not a discount, and the Tenant is still responsible for the full rent amount.
Actions
Landlord allowed temporary reduction in rent to $900 per month during the pandemic, but did not serve an N4 Notice or inform the Tenant of the arrears.
Procedural Errors
Landlord did not follow the prescribed rules for rent discounts under the Residential Tenancies Act.
Tenant
Arguments
The $900 per month rent became the lawful rent after the 12-month period, and the Landlord cannot charge more than that without proper notice.
Actions
Tenant paid $900 per month from April 2020 to August 2021, a total of 17 months.
Decision Summary
The Landlord's application is dismissed. The Landlord did not properly apply the rent discount rules under the Residential Tenancies Act. The $900 per month rent became the lawful rent after the 12-month period, and the Landlord cannot charge more than that without proper notice.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$900
Rent Arrears
$15,289
Rent Deposit
$1,614
Deposit Interest
$244
Total Owing
$15,045 (Owed to Landlord)
Source
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