Our Landlord and tenant application has been filed with the LTB.
We will pass further information on to you as soon as we are advised.
The Tenants' Association cannot provide legal advice regarding any application you might make. Every situation is different and depends on its facts and applicable law. The TA strongly recommends you obtain legal advice before proceeding. You might have your own lawyer or paralegal. Legal Aid is available (see the Legal Aid website or call 800 668 8258). In addition, there is a legal service operated by the Faculty of Law, University of Toronto. Their website is downtownlegalservices.ca/our-services/housing-law-division/
Having said that, the Tenants' Association strongly recommends that, if you are considering a rent abatement application because of the upcoming balcony work, you send an email or give a written letter to onsite management before work starts stating the following:
your name and apartment number.
any difficulties you have in preparing your balcony for work as QRES has asked. For example you may have furniture you cannot move yourself because of weight or cannot store in your apartment because of size. Demand that management handle these problems or pay you the cost of doing this yourself. In the case of the latter, give a specific dollar amount, for example $X to hire a mover and/or $Y for storing furniture during the work
individual problems you will have because of the work. For example you may have small children who will be unable to escape the the noise and dust, or you may have to work from home. Emphasize this point.
pointing out that QRES is not complying with its own standard practice of providing quiet rooms for tenants to escape the disturbance of balcony work.
stating that there is no need for the work to be done now. The Tenants' Association is not aware of any City or other order that the work be done now instead of 2022, after the pandemic is over.
if you have done any improvement work on your balcony work (especially with prior owners' permission) that will be destroyed by the proposed balcony work, demand compensation for the cost of restoring your improvements. Give a specific dollar amount.
asking for a copy of reports QRES has showing that the work is essential.
The Ontario Residential Tenancies Act (RTA) established the Landlord and Tenant Board (LTB). Its role is to resolve disputes between landlords and tenants through mediation or adjudication and provide information to tenants and landlords about their rights and responsibilities under the RTA. The LTB decision maker, sometimes called an adjudicator, holds a hearing. At the hearing, the landlord and the tenant present their cases. The adjudicator reviews the evidence and applicable law and makes a legally enforceable decision.
There are several applications tenants can make under the RTA. A request for a rent abatement is made using FORM T2 called Tenants Rights. The starting point for your decision about using this form is the LTB website tribunalsontario.ca/ltb/.
Other rent reduction applications are available for specific reasons
FORM T3 : Use this form to apply to have the Board determine whether your rent should be reduced because the landlord has reduced a service or facility that was previously provided to your unit or to the residential complex, or has stopped providing it (it was discontinued).
FORM T6 : Tenant Application about Maintenance - Use this form to apply to have the Board determine whether the landlord has not repaired or maintained the rental unit or the residential complex, or has not complied with health, safety, housing or maintenance standards.
The following part of this section deals only with the use of T2 for a rent abatement. This is most likely to be the form used in the upcoming months because of the proposed balcony work. A claim for rent abatement using T2 is based on the argument that the work has substantially interfered with your reasonable enjoyment of your unit.
You and your legal advisor will need to review the LTB publication called "Tenants Rights - Interpretation Guideline 6", in particular the section called "Interference due to work performed by the landlord".
While you will want to discuss this with your legal advisor, the TA recommends the following procedure.
Put everything in writing. You should have given onsite management the email or letter referred to above before the work started.
Insist on written replies. If you have a verbal discussion immediately confirm it in writing and ask for immediate feedback if the other person to the conversation disagrees with what you wrote.
Your legal advisor will also need to review applicable cases. Here are the most relevant. They can be accessed using this website canlii.org/en/on/onltb/
TST64765-15(Re), 2017 CanLII28802(ON LTB)
TSL49263-14
If you have submitted a T2 and have a scheduled hearing, Tenant Duty Counsel has created an online registration form to request legal assistance. The Tenant Duty Counsel Program is a program of the Advocacy Centre for Tenants Ontario and is independent from the LTB. See the LTB website for how to access this. There is an online registration form
And please give the TENANT'S ASSOCIATION (TA) feedback on what happens.
Charging a new tenant an amount of rent in excess of the last lawful rent charged to the former tenant.