Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
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Citation: Singh v. Balogun, 2018 ONSC 7506
File Number: Div. Ct. 559/18
Hearing Date
Dec 2018
Order Date
Dec 14, 2018
The court quashed the tenants' appeal of the Landlord and Tenant Board's termination order. The court found that the appeal did not raise questions of law as required, and that the Board's decision allowing the rent increase to cover utilities was reasonable and lawful.
Landlord sought to quash tenants' appeal of a Landlord and Tenant Board order that terminated their tenancy for non-payment of rent. The dispute centered on whether a $300 increase in rent (from $1450 to $1750) to cover utilities was lawful.
Landlord argued that the rent increase was lawful under s. 123(1) of the Residential Tenancies Act, as utilities are a prescribed service that can be added to rent with tenant agreement.
Landlord increased rent from $1450 to $1750 to include utilities, which was previously charged separately.
Tenants argued that the Board erred in law by treating utilities as rent, including utilities in the rent, and not finding that the rent was only the amount paid by ODSP.
Tenants refused to pay the $300 portion of rent covering utilities after December 2016, despite having agreed to the new lease terms in July 2014.
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