LANDLORD NEWS, INFORMATION & UPDATES
Commencing in 2013, the Board instituted express blocks on different days depending on the hearing location. These express bocks deal solely with arrears applications and are meant to expedite the process. If your tenant fails to attend then you will be moved to another hearing room in front of a different Adjudicator who will only hear unopposed matters. You must have prepared, in advance, what is called an L1/L9 Update Form which sets out clearly if there have been any changes to the rent owing since you filed your application. It also reflects any rent increases or changes to the last month’s deposit. The Adjudicator will not proceed with your hearing unless this update has been completed properly.
All Day Blocks
Commencing March 1, 2015 the Boards at Toronto South and Toronto North will no longer have hearings scheduled exclusively for the morning and exclusively for the afternoon, except for Express Days. All hearings will be scheduled to begin at 9:30 a.m. and continue until you have concluded or 4:30 p.m., so be prepared to be at the Board for the entire day. This will certainly be a good incentive to attempt mediation, which in most cases is encouraged.
The Board commenced a pilot project fall 2014 in Toronto South only. If a tenant has commenced a T2 or T6 application then there will be a mediation date and time set by the Board prior to the hearing date. All parties must attend and a sincere attempt will be made by the Mediator to settle the application.
Notices to Tenants as Authorized by the Residential Tenancies Act (RTA)
The RTA contains a number of notices that must be served on Tenants where a problem arises. These notices vary from arrears to damages to illegal acts. Instructions are provided with each notice, which set out the information that it should clearly contain.
In addition, the instructions set out how the notice is to be delivered and time periods required for termination purposes. A notice cannot be amended. If any part of the notice is incorrect, does not contain sufficient information or the service is deficient, then the notice is void which means that your application will be dismissed. You will not only have lost precious time but also allowed arrears to accumulate, which may not be recoverable.
If for any reason you cannot fill out a notice properly or serve it in accordance with the Rules of the RTA, then we strongly suggest that you seek professional advice.
The Board has been given more power to require a tenant to pay money into the Board as a condition of an adjournment. This will alleviate to some degree the prejudice caused by this delay.
The RTA gives a landlord a wider right to inspect a unit upon proper written notice. It is recommended that you inspect an apartment just prior to such an application and just prior to the hearing.