How the Residential Tenancies Act may affect Tenant Protection Act applications

What is the Residential Tenancies Act?

The Residential Tenancies Act (RTA) is the new law that will apply to most residential rental properties in Ontario starting on January 31, 2007. On this date, the RTA will take effect and replace the Tenant Protection Act (TPA).

Also as of this date, the name of the Ontario Rental Housing Tribunal will be changed to the Landlord and Tenant Board (the Board).

What happens to undecided TPA applications?

Even after the new law takes effect, applications filed under the TPA will still be decided by the Board using the TPA. However, the RTA contains some special rules that will apply to some TPA applications. These special rules are called ‘transitional provisions’.

The transitional provisions that take effect on January 31, 2007 are explained below.

Changes that affect all Applications

No default orders after January 31, 2007

Under the RTA, no default orders will be issued, even if the application was filed before January 31, 2007.

This means that if a default order has not been issued on a TPA application before January 31, 2007, the hearing will take place - whether or not a dispute has been filed.

Delaying or refusing an eviction

Under the RTA, if a hearing is held on an eviction application, the Member hearing the eviction application must review all the circumstances of the application and must always consider delaying or refusing to grant a tenant’s eviction.

This means that if a TPA application is heard after January 31, 2007, the Member must always consider whether or not to delay or refuse to order the tenant evicted.

Changes that affect Arrears Applications

Tenants can raise other issues on arrears of rent applications

Under the RTA , a tenant can raise other issues at a hearing about arrears or eviction for arrears of rent, if the issues could be dealt with in another RTA tenant application.

This means that if a TPA application based on arrears of rent is decided after January 31, 2007, the tenant can raise any other issues they think should be heard, provided these issues could be dealt with in another of the Board’s tenant applications.

Tenants can stop an eviction for arrears until they are evicted by the Sheriff

Under the RTA, a tenant can make the required payment to stop their eviction provided the payment is made before the Sheriff visits the unit and evicts them (before the Sheriff enforces the order).

This means that if a TPA order for eviction based on arrears of rent is not enforced by the Sheriff before January 31, 2007, the tenant will have up until the time that the Sheriff visits the unit to enforce the order to make the required payment to stop their eviction. However, in this situation the payment required to stop the eviction might also include the landlord’s costs to have the eviction enforced by the Sheriff.

Changes that affect Maintenance Applications

Tenants can ask to pay rent to the Board once a maintenance application is filed

Under the RTA, a tenant can ask the Board to let them pay all or part of their rent into the Board, once they file a maintenance application. However, it is up to a Member of the Board to decide whether or not to let the tenant pay into the Board.

This means that if a TPA application for maintenance is not decided before January 31, 2007, the tenant who made that application can ask the Board to let them pay all or a part of their rent into the Board.

Changes that affect Above Guideline Increase Applications

Above guideline rent increases may be dismissed or delayed because of serious maintenance problems

Under the RTA, if there are serious maintenance problems related to a rental unit, the Board may dismiss the landlord’s application on that unit, or order that the rent increases cannot be taken on the unit until the required maintenance work is completed.

This rule will also apply to a landlord’s above guideline increase application under the TPA if an order has not been issued by January 31, 2007.

Rent reduced when capital expenditures used up

As of June 22, 2006 (the date the RTA received Royal Assent), any order on a TPA above guideline increase application that was made on or after May 3, 2006, that allows an increase for capital expenditures must tell the tenants:

the percentage increase that is due to the capital expenditures, and
that if the same tenant is still living there 15 years after the increase was taken,

the landlord must reduce the rent charged to the tenant by the percentage increase taken on the capital expenditures.

Other Changes

Rent increases using maximum rent considered illegal if notice given on or after May 3, 2006

As of June 22, 2006 (the date the RTA received Royal Assent), any rent increase based on maximum rent that is collected as a result of a notice of rent increase given on or after May 3, 2006, will be considered an illegal rent increase. The amount of the rent collected that is more than the guideline increase, will be considered illegal rent.

Information from Rent Registry not provided after January 31, 2008

Under the RTA, the Rent Registry ceases to exist on January 31, 2008.

This means that after January 31, 2008 the Board is not required to provide the public with Rent Registry information.

For More Information

Contact the Board

This brochure provides general information only. For more information, or to obtain copies of the Board’s forms and publications, you may:

call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
visit your local Landlord and Tenant Board office. A list of Board office locations can be found on our website, or you may call us at the numbers listed above.

Release date: January 31, 2007

ISBN 978-1-4249-2925-2 (HTML)
ISBN 978-1-4249-2926-9 (PDF)
ISBN 978-1-4249-2924-5 (Print)