Islam v Nicholls
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Islam v Nicholls, LTB-L-011990-26, 2026 ONLTB 41193
File Number: LTB-L-011990-26
Timeline
Hearing Date
May 2026
Order Date
May 29, 2026
Decision
The LTB dismissed the Landlord's application because the utility charges were deemed unenforceable and the N8 termination notice did not comply with statutory requirements for the termination date.
Dispute
Landlord sought termination and arrears for utility charges and persistent late rent. Tenant argued utilities were included in rent. LTB found utility charges unenforceable and N8 notice deficient in timing.
Determinations
- The utility charges in the lease addendum are unenforceable.
- The Landlord failed to comply with s. 138(1) of the Act regarding utility charges.
- The N5 notice is void.
- The N8 notice failed to provide a termination date at the end of a tenancy period as required by s. 58(2) of the Act.
- The application is dismissed.
Landlord's Arguments
Arguments
The Landlord argued that the addendum allowed for utility charges based on a 'fair use' policy due to excessive consumption.
Actions and Evidence
The Landlord attempted to charge the Tenant for utility usage based on an addendum to the lease.
Procedural Errors
The Landlord issued an N8 notice with an incorrect termination date and attempted to enforce an illegal utility charge.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the utility charges were not part of the original lawful rent agreement.
Actions and Evidence
The Tenant argued that utilities were included in the rent and that the Landlord unilaterally changed the terms of the agreement.
Considerations
Need assistance from an expert?
Similar Cases
Click to switch between order outcomes
Sound Property v Acheson
The LTB granted relief from eviction for persistent late payment of rent, requiring the Tenants to maintain on-time payments for 18 months.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
Weston Co-Ownership Apartments Inc. v Toure
The LTB granted relief from eviction for a tenant facing a persistent late payment application, subject to a nine-month conditional order.
Bottiglieri v Emanuel
The Landlord and Tenant Board denied a Tenant's review request after determining the Tenant failed to demonstrate a lack of knowledge regarding the proceedings.
Sound Property v Acheson
The LTB granted relief from eviction for persistent late payment of rent, requiring the Tenants to maintain on-time payments for 18 months.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
Weston Co-Ownership Apartments Inc. v Toure
The LTB granted relief from eviction for a tenant facing a persistent late payment application, subject to a nine-month conditional order.
Bottiglieri v Emanuel
The Landlord and Tenant Board denied a Tenant's review request after determining the Tenant failed to demonstrate a lack of knowledge regarding the proceedings.
Sound Property v Acheson
The LTB granted relief from eviction for persistent late payment of rent, requiring the Tenants to maintain on-time payments for 18 months.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
Weston Co-Ownership Apartments Inc. v Toure
The LTB granted relief from eviction for a tenant facing a persistent late payment application, subject to a nine-month conditional order.
Bottiglieri v Emanuel
The Landlord and Tenant Board denied a Tenant's review request after determining the Tenant failed to demonstrate a lack of knowledge regarding the proceedings.
Sound Property v Acheson
The LTB granted relief from eviction for persistent late payment of rent, requiring the Tenants to maintain on-time payments for 18 months.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
Weston Co-Ownership Apartments Inc. v Toure
The LTB granted relief from eviction for a tenant facing a persistent late payment application, subject to a nine-month conditional order.
Bottiglieri v Emanuel
The Landlord and Tenant Board denied a Tenant's review request after determining the Tenant failed to demonstrate a lack of knowledge regarding the proceedings.
The LTB granted the tenant relief from eviction for persistent late payment of rent, subject to a 12-month condition for punctual payment.
Kramer v Surovova
The Landlord was granted an eviction order because the Tenant engaged in substantial interference by entering into unauthorized renovation contracts in the Landlord's name and placing liens on the property.
Ebony Group Community Homes v Wynter
The Landlord was granted a conditional eviction order for non-payment of rent and utilities, allowing the Tenant to preserve the tenancy by meeting specific payment deadlines.
Abe v Bickerton
The Landlord was granted an eviction order for unpaid rent and utility arrears after the Tenant failed to proceed with the hearing.
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
Ontario Tenant vs. Landlord at the LTB: Your Complete Complaint Roadmap (2026)
Ontario tenants: learn how to take a landlord complaint from first notice to LTB order — choosing T2 or T6 forms, beating the one-year deadline, drafting your narrative, navigating case conferences, and assembling evidence that tribunals accept.
Landlord Harassment and Intimidation: Understanding Your Rights and Remedies in Ontario
An analysis of landlord harassment cases reveals common intimidation tactics, the legal definition of harassment under Ontario law, and the substantial remedies available to tenants facing persistent unwelcome conduct.
Do You Need a Lawyer or Paralegal for the LTB? A Cost-Benefit Guide for Ontario Landlords and Tenants
Should you hire a lawyer or paralegal for your Landlord and Tenant Board case? Compare representation costs, LTB fee recovery limits, and when self-representation makes sense for Ontario rental disputes.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform