Residential Tenancies Act Changes – January 1, 2018

LTB | December 29, 2017
Residential Tenancies Act Changes – January 1, 2018The Residential Tenancies Act (RTA) is changing on January 1. These are the changes:

1. Landlords will no longer be able to apply for a rent increase above the guideline because utility costs have increased, and the LTB will be able to deny an application if a landlord has not complied with an order to fix an elevator. See the bulletin Above Guideline Rent Increase Applications – The Law is Changing, for details.
2. If the tenant doesn’t pay a landlord for damage they caused in the rental unit as required in a mediated agreement or order, landlords may be able to get an order terminating the tenancy and requiring the tenant to pay the unpaid damages. The LTB form L4: Application to End a Tenancy – Tenant Failed to Meet Conditions of a Settlement or Order, will be updated in February 2017 for landlords to make this request. This does not apply to mediated agreements or orders resulting from applications (L1 or L2) made before January 1, 2018. See section 78 of the RTA.
3. Landlords will be able to serve a second, non-voidable N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding, even if the tenant did not void the first N5 notice. (A tenant can “void” the N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding notice by correcting the behavior or paying for damages within 7-days.). Landlords can serve the second N5 notice between 7 days and six months after the first notice. See section 68 of the RTA.
4. If a landlord does not allow a former tenant to move back in after renovating the unit (after giving their tenant an N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use), the tenant can now ask to be compensated for moving costs, higher rent or other costs related to being denied the unit. A new reason has been added to the T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith for tenants to make this claim. See section 57.1 of the RTA.
5. The definition of supportive housing has changed. Supportive housing is exempt from the RTA. See section 5.1 of the RTA.

Changes to Forms
The LTB has updated these forms to reflect the changes:

• L5: Application for an Above Guideline Increase
• T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith
• N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
• N5C: Notice by the Co-op to End your Occupancy for Interfering with Others, Damage or Overcrowding
• N6: Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit

Begin using these new forms immediately. Make sure you are getting the latest version of the form by clearing your browser cache. Old versions of these forms will be accepted until January 30, 2018.
For More Information
If you have questions about how these changes might affect your Landlord and Tenant Board application, call us toll free at 1-888-332-3234 or 416-645-8080 in the Toronto area