Xavier v Subramaniam
Last updated: September 12, 2024
Order
Ordered by Elan Shemtov,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$11,053
to Tenants
Dispute Categories
Agree with the ruling?
Citation: Xavier v Subramaniam, 2023 ONLTB 71305
File Number: LTB-T-009310-23
Timeline
Tenancy End Date
Aug 2023
Hearing Date
Oct 2023
Order Date
Nov 10, 2023
Decision
The Landlords must pay the Tenants $11,053.00, which includes $11,000.00 for illegal rent collected and $53.00 for the cost of filing the application. The Landlords failed to serve a proper Notice of Rent Increase as required by the Act, and the rent increase from January 1, 2022 is invalid.
Landlord
Representative | Paralegal
Dispute
Tenants applied for an order determining that Landlords collected or retained money illegally by increasing the rent without proper notice. The Landlords admitted they did not serve a proper Notice of Rent Increase as required by the Act.
Determinations
- Landlords collected rent in excess of the amount allowed by the Act
- Landlords did not serve proper Notice of Rent Increase
- Rent increase from January 1, 2022 is invalid and void
- Tenants entitled to illegally collected rent from January 2022 to August 2023
Landlord's Arguments
Arguments
Landlords claimed there was never actually a rent increase, and the Tenants were the ones who asked for the increase to extend their tenancy.
Actions and Evidence
Landlords admitted they did not serve a proper Notice of Rent Increase as required by the Act.
Tenant's Arguments
Actions and Evidence
Tenants paid $2,300 in rent from May 2021 to December 2021, and $2,850 from January 2022 to August 2023.
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Financial Details
Lawful Rent
$2,300
Application Fee
$53
Other Amount
$11,000
Illegal rent collected
Ordered Amount
$11,053 (to Tenants)
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