Posts Tagged ‘LTB’

LTB News To Help You Succeed: Tribunals Ontario Portal – Update

Wednesday, August 3rd, 2022

TO:                 Landlord and Tenant Board Stakeholders

FROM:           Dawn Sullivan, Acting Associate Chair

                       Lindiwe Bridgewater, Acting Registrar

DATE:            August 3, 2022

RE:                 Tribunals Ontario Portal – Update

We are writing to share an update on the Tribunals Ontario Portal.

New process for receiving documents

Over the past two years, the Landlord and Tenant Board (LTB) has made significant progress in modernizing its services at a time where people expect user-friendly and convenient electronic options for interacting with government services.

To that end, we have added a button to the file summary page of the Tribunals Ontario Portal that allows parties to provide consent to receive documents from the LTB via the portal. By default, once a party logs into the portal the button is checked to indicate their consent. A user can uncheck the box if they want to receive communication from the LTB via regular mail. A user can also change their mind at any time about how they want to receive documents from the LTB by logging back into the portal and checking/unchecking the consent button.

If a user never logs on to the portal, they will continue to receive all correspondence from the LTB by regular mail.

Sending all correspondence by email and through the portal has benefits for both the LTB and the parties accessing LTB services. Parties will receive documents faster. The administrative burden is also reduced for LTB staff who track, print and mail out documents. This will allow them to focus on other areas that need attention to improve our service delivery.

We thank you for your continued patience as we actively work to improve our service timelines.

Sincerely,

Dawn Sullivan                                              Lindiwe Bridgewater

Acting Associate Chair                               Acting Registrar

Thursday, April 29th, 2021

Tenants Speak Out & Share Their Concerns & Opinions on the Rental Industry

As part of our “Let’s Improve the Ontario Rental Industry” we have invited tenants to share their opinions on how we can make these improvements.

Most of us used to rent to and we have tried to become the landlords we always wanted to rent from but could never find.

These opinions are from individual contributors and are not the opinions of the Ontario Landlords Association.

We believe by fostering communication between landlords and tenants we can improve the Ontario rental industry in a win-win business relationship.

To contribute your experiences and advice please email us at:  tenantexperiences@groupmail.com (All contributions must be a minimum of 300 words and include your name, contact number, address, a copy of your lease, all which will all be kept private and destroyed upon confirmation.)

The post below has been recommended by the Tenant Community as extremely helpful and important information. 

By Working Together Tenants And Small Landlords Can Get A Better Understanding of the Issues And Improve The Ontario Rental Industry.

Let’s all face issues straight on and work to make the Ontario Rental Industry not only an example for Canada, but for the world!

 

Thursday, April 8th, 2021

April 8, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair

RE:                 Expedited Enforcement of Eviction Orders

On April 8, 2021, the Government of Ontario issued Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act.

This regulation states that the Court Enforcement Office (Sheriff) cannot enforce any Landlord and Tenant Board (LTB) eviction order unless the order asks the Sheriff to expedite the enforcement.  The Sheriff can resume enforcing all eviction orders after the Government of Ontario removes the regulation.

The LTB is continuing to hold hearings for all types of applications and issue orders, including orders for evictions. This will help ensure that tenants and landlords seeking resolution from the LTB are provided access to justice with minimal service delays.

The purpose of this memo is to provide information on when an eviction order issued by the LTB may include a request to the Sheriff to expedite enforcement.

Section 84 of the Residential Tenancies Act, 2006 (“RTA”) says that the LTB must include such a request to the Sheriff in the order where the tenant is being evicted for certain types of very serious conduct, and the adjudicator has not delayed the enforcement date pursuant to section 83(1)(b) of the RTA. The grounds for eviction in section 84 are:

  • Willfully damaging the rental unit
  • Using the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage
  • Committing an illegal act in the unit involving the production or trafficking of illegal drugs
  • Seriously impairing someone’s safety
  • Substantially interfering with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has three or fewer residential units

If a landlord believes that an eviction order should include a request to the Sheriff to expedite enforcement, but the application is not based on any of the grounds contained in section 84 of the RTA, the landlord may raise this issue during the hearing. The adjudicator may consider whether the tenant is responsible for an urgent problem such as a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex. The tenant will have the opportunity to make submissions on this issue if they are at the hearing.

If the hearing for the landlord’s eviction application has already been completed but the order has not been issued, the landlord may contact the LTB to ask the adjudicator who held the hearing to consider adding to the order a request to the Sheriff to expedite enforcement of eviction. Landlords can submit a request to expedite enforcement of the eviction by fax, mail or email. The tenant will have an opportunity to make submissions on this issue.

Eviction orders that have already been issued can only be changed if the order contains a serious error or a clerical mistake. If a landlord believes that an order contains a serious error, the landlord may file a request to review the order. If the landlord believes that the order contains a clerical mistake, the landlord may file a request to amend the order. More information on this process is available on the Application and Hearing Process page of our website.

We remain committed to updating you about operational planning and we are appreciative of your patience and cooperation as we continue to adjust our operations in response to the ongoing pandemic.

If you have any questions, please contact us at LTB@ontario.ca.

Sincerely,

[Original signed by]              [Original signed by]

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Bill 184 – The “Tenant Slaughter And Un-Protection Act”

Tuesday, July 21st, 2020

Disclaimer: “This isn’t an attack on landlords. This is an attack on the system that got us here.”

“Let’s make a payment plan. Let’s avoid the LTB, work together (tenant signs)….GOT YOU… Hahaha I can now evict you fast, you have no legal rights now! SUCKER! The Sheriff is coming now to kick you out!”

Tenants need to be aware of the huge challenges we are soon going to face!

While the Premier has acted all kind and cuddly (like that fat drunk uncle we all see during the holidays who laughs as he passes gas and then beats your aunt to bloody pulp when they get home) it’s only an act.

The reality is those of us who rightfully didn’t pay rent (or full rent) are being prepared for the slaughterhouse (legally)!

It’s called Bill 184 and you can bet it will soon be the law and the slaughter of tenants will begin.

The government will not forgive tenants not paying and instead are going to demand tenants agree to “payment plans” that bypass the legal process of going to the Landlord and Tenant Board for a legal Hearing (where tenants have rights and free legal help)

The NDP came up with a plan to help tenants cover rent by using government funds to help during the horrible pandemic.

Even some landlord groups such as the Ontario Landlords Association proposed this as a way for tenants and their landlords to avoid conflict and avoid evictions.

Lots of other industries have received government support, so why not residential tenants and their landlords?

No, that would have been too easy and too nice. Why be nice when they want a slaughter and I think they enjoy seeing us suffer!

Suze Morrison is an NDP MPP who wants to protect tenants. Morrison is very aware of the reality and the coming avalanche of mass evictions based on landlords legally being able to trick tenants into forfeiting our legal rights.

Thousands of tenants in Ontario are lying awake at night, worrying about losing the roof over their head when the province’s weak pause on the enforcement of evictions ends.

They wouldn’t be this position if Doug Ford had answered the NDP’s call to provide a rent subsidy to tenants who have lost income or their job due to the COVID-19 pandemic, but here we are.

As if this wasn’t bad enough, the Ford government has found a way to make things even worse.

Now, in the middle of the pandemic, the Conservatives are attempting to quietly ram through legislation that will make it easier for landlords to evict tenants.

Don’t be fooled by the name of the legislation. Bill 184, the Protecting Tenants and Strengthening Community Housing Act, is bad for tenants.

Tenants already faced an uphill battle at the Landlord and Tenant Board, squaring off against often deep-pocketed landlords and their high-priced lawyers. If passed, Ford’s eviction bill will leave tenants with fewer defences to avail themselves of and fewer opportunities to plead their case.

Consider the case of a landlord who refuses to fix a malfunctioning radiator in a tenant’s unit. If the tenant withholds their rent, the landlord can haul them in front of the Landlord and Tenant Board.

Under Bill 184, the tenant may be prevented from pointing out other issues, like the landlord’s failure to maintain the unit in a good state of repair, at the hearing on non-payment of rent.

Bill 184 also takes away a tenant’s right to return to the Landlord and Tenant Board if they miss a payment after coming up with a repayment plan to catch up on back rent. This is especially concerning in the context of the pandemic.

Thousands of tenants in Ontario will be trying to catch up on back rent after losing their income or job. What if they feel pressured to accept a repayment plan and fall behind on payments despite their best efforts? What if their financial circumstances change because there’s a second wave of COVID-19?

Under Bill 184, there’s no opportunity to revisit the repayment plan at the Landlord and Tenant Board. Tenants could find a sheriff knocking on their door, ready to enforce their eviction, the second they miss a payment.

The Ford government can claim that its eviction bill is about “protecting tenants” all it wants. But even Steve Clark, the minister of Municipal Affairs and Housing, admits that the legislation is about moving things along at the Landlord and Tenant Board when the government switches the lights back on.

In this very paper, he wrote: “We know that when regular hearings resume at the LTB, there will be a backlog of cases requiring resolution. That’s why this legislation is important today — in light of COVID-19.”

Yes, there will be a backlog of cases. The enforcement of evictions may be on hold for now, but that hasn’t stopped landlords from threatening tenants with eviction — even for partial rent payments.

And what is the Ford government doing with thousands of evictions on the horizon in Ontario? Instead of helping tenants keep up with rent, and in turn ensuring landlords get paid, the government is greasing the gears of the Landlord and Tenant Board to speed up evictions.

Tenants deserve better than a government that claims it’s protecting them when it’s really making them more vulnerable to losing the roof over their heads.

It’s time for the Ford government to scrap its plan to make evictions easier and step up with rent relief to help see tenants through the economic pain of COVID-19.

Be Careful – N12 and N13 Forms Are No Longer Valid!

Tuesday, April 28th, 2020

Landlords Alert!

The Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) and Notice to Terminate at End of the Term for Conversion, Demolition, or Repairs (N13) are temporarily unavailable.
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These forms are being revised in accordance with amendments to the Residential Tenancies Act, 2006 made by the Protecting Tenants and Strengthening Community Housing Act, 2020. Previously downloaded versions are no longer valid.
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We have made sure MPPs are aware of how important these forms are for small landlords to run our rental businesses effectively.
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The Ministry of Housing has let us know the updated forms will be available shortly.
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As always, we’ll make sure landlords across Ontario will be contacted when they are available.