Provincial:
Municipal:
- "If a tenant or former tenant believes that a landlord or an agent of the landlord interfered with or withheld the reasonable supply of a vital service or care service, the tenant can file an application using section 29(1) [T2 application about tenant rights, T2 instructions]. The application must be filed within one year of the date the vital service or care service was withheld or interfered with. If the tenant believes that the application is urgent, a request to shorten time to hearing [Instructions, Rule 16 of the LTB Rules of Procedure] can be filed at the same time.
- A tenant could also allege that there has been substantial interference with reasonable enjoyment where there has been a disruption of service by the landlord. In some circumstances it may be appropriate for a tenant to indicate both grounds on the T2 application. For example, if a landlord is unaware of a disruption in vital service then the tenant may be unable to prove that the landlord deliberately withheld the supply but depending on the facts, may be able to establish that the landlord has substantially interfered with the tenant's reasonable enjoyment. See for example: TST-54725-14 (Re), 2015 CanLII 93465 (ON LTB), TNT-26782-12 (Re), 2012 CanLII 27978 (ON LTB)."
- "A landlord is not prohibited from shutting off vital services for short periods of time while performing repairs to the residential complex. A landlord should provide tenants with advance notice of such interruptions where possible. See for example: TNT-70070-15 (Re), 2015 CanLII 73824 (ON LTB).
- The tenant must prove that it was the landlord who withheld or deliberately interfered with the reasonable supply of the vital service. If the interference was caused by a third party, such as another tenant in the building, the claim will not be successful. See for example: SWT-93661-16 (Re), 2016 CanLII 88482 (ON LTB), TST-60813-15 (Re), 2015 CanLII 34289 (ON LTB). Examples of relevant evidence may include: a record of temperature readings, reports or orders issued by municipal officials, and correspondence between the parties. See for example: HOT-01008-16 (Re), 2017 CanLII 9541 (ON LTB), SOT-78396-17 (Re), 2017 CanLII 48994 (ON LTB), CET-57443-16 (Re), 2016 CanLII 72151 (ON LTB)."
What if the tenancy agreement states that the tenant is to pay for these vital services but he isn't paying?
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"T2 Application - Withholding a vital service
Under section 21, the landlord is not allowed to withhold or deliberately interfere with the reasonable supply of any vital service, care service or meal that the landlord is required to supply to the tenant. If the supply of a vital service, care service or meal is stopped because the landlord does not pay the supplier, the landlord is held responsible. See for example: CET-50826-15 (Re), 2015 CanLII 76230 (ON LTB).
The RTA defines vital services as:
- heat (from September 1 to June 15, in most cases a minimum temperature of 20 degrees Celsius as set out in section 4 of O. Reg. 516/06) See: HOT-01008-16 (Re), 2017 CanLII 9541 (ON LTB),
- fuel,
- electricity,
- gas,
- hot or cold water.
Care services are defined in the RTA as health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living.
If the alleged interference concerns items that are not defined in the RTA as a "vital service", such as air conditioning or internet service, then section 21 of the RTA is not applicable. However, depending upon the specific facts, the tenant may be able to claim that the landlord has breached section 22 (see below) or the Landlord's maintenance obligations under section 20. Maintenance issues are discussed further in Guideline 5, "Breach of Maintenance Obligations". See for example: CET-65371-17 (Re), 2017 CanLII 28751 (ON LTB), TNT-26782-12 (Re), 2012 CanLII 27978 (ON LTB).
If a landlord reduces or discontinues the supply of a service or facility, for example cable TV or a storage locker, a tenant may be able to file a T3 application under section 130 seeking a reduction in rent and a rent abatement. The rules governing how much the rent should be reduced are found in section 39 of O. Reg. 516/06.
A tenancy agreement may provide that either the landlord or the tenant is responsible for paying for the supply of vital services or care services or meals. Even if the tenant is required under the tenancy agreement to pay for the vital service, care services or meal, the landlord cannot deliberately interfere with reasonable supply. For example, the landlord cannot shut off the supply of water to a rental unit because the tenant has not paid rent. See for example: TNT-38440-12-RV (RE), 2013 CanLII 10813 (ON LTB).
The withholding or deliberate interference of the reasonable supply of vital service/care service/meal must occur during the tenant's occupancy of the rental unit. See for example: SWT-02323 (Re), 2009 CanLII 78056 (ON LTB).
A landlord is not prohibited from shutting off vital services for short periods of time while performing repairs to the residential complex. A landlord should provide tenants with advance notice of such interruptions where possible. See for example: TNT-70070-15 (Re), 2015 CanLII 73824 (ON LTB).
The tenant must prove that it was the landlord who withheld or deliberately interfered with the reasonable supply of the vital service. If the interference was caused by a third party, such as another tenant in the building, the claim will not be successful. See for example: SWT-93661-16 (Re), 2016 CanLII 88482 (ON LTB), TST-60813-15 (Re), 2015 CanLII 34289 (ON LTB). Examples of relevant evidence may include: a record of temperature readings, reports or orders issued by municipal officials, and correspondence between the parties. See for example: HOT-01008-16 (Re), 2017 CanLII 9541 (ON LTB), SOT-78396-17 (Re), 2017 CanLII 48994 (ON LTB), CET-57443-16 (Re), 2016 CanLII 72151 (ON LTB).
There are special rules in the RTA that sometimes apply to the landlord's obligation to supply electricity. Where a suite meter has been installed in a rental unit with the tenant's consent in accordance with section 137, the tenant becomes responsible for paying for electricity. The landlord, the landlord's agent or the suite meter provider can enforce its rights or obligations by interrupting the supply of electricity if the tenant does not make the required payments. In this circumstance electricity is not considered a vital service within the meaning of section 21 and any interference with the supply of electricity is not to be an interference with the tenant's reasonable enjoyment. If a tenant believes that a landlord has not complied with the RTA's rules about suite meters, the tenant may file a T7 application.
If electricity is the primary source of power to heat a rental unit, a landlord cannot terminate their obligation to supply electric heat. However, if there is a separate meter to measure the electricity for other uses in the rental unit, the landlord and tenant can agree to transfer the responsibility for paying the electricity costs for these other uses.
If a tenant or former tenant believes that a landlord or an agent of the landlord interfered with or withheld the reasonable supply of a vital service or care service, the tenant can file an application using section 29(1). The application must be filed within one year of the date the vital service or care service was withheld or interfered with. If the tenant believes that the application is urgent, a request to shorten time to hearing can be filed at the same time.
A tenant could also allege that there has been substantial interference with reasonable enjoyment where there has been a disruption of service by the landlord. In some circumstances it may be appropriate for a tenant to indicate both grounds on the T2 application. For example, if a landlord is unaware of a disruption in vital service then the tenant may be unable to prove that the landlord deliberately withheld the supply but depending on the facts, may be able to establish that the landlord has substantially interfered with the tenant's reasonable enjoyment. See for example: TST-54725-14 (Re), 2015 CanLII 93465 (ON LTB), TNT-26782-12 (Re), 2012 CanLII 27978 (ON LTB)."
"Health, Safety, Housing and Maintenance Standards
Most standards are found in municipal property standards by-laws, but may also be provincial standards such as the fire code, elevator standards or the provincial standard under the RTA (see below). The tenant has the obligation to bring the standard to the attention of the Member, usually by filing a copy of the by-law, RTA or other document either before or at the hearing. However, the Member may on his or her own initiative refer to the standard.
If a notice of violation, work order or other order has been issued for this complex or unit, it represents a finding by a public official that the landlord has not complied with the standard. Once the tenant files a copy of the notice or order, a Member will be entitled to accept this as evidence of non-compliance with a standard. However, the landlord is entitled to have the issue determined by the Board if they dispute the notice or order. In such a case, the landlord must raise this dispute, file the document and bring forward evidence to prove their position.
A landlord may argue that the work order has not taken effect, and should not be considered, if the time for compliance has not yet expired. In fact, many work orders are issued after non-compliance with a standard has existed for some time. The fact that the landlord has been given more time by another authority to rectify the problem does not mean that there is no problem. The issue should not be dismissed on this basis. Of course, if the work order was the first way that the landlord discovered this problem existed, the fact that the compliance period has not yet expired for a non-urgent item may indicate a different remedy than a long-standing problem that was ignored.
A landlord may also argue that actions taken by the public authority pursuant to the work order, such as prosecution of a provincial offence, should be considered as penalty enough for the non-compliance with the standard. However, the Member must still determine whether there was non-compliance with a standard, although it may be taken into account that the landlord has paid a fine in deciding what remedy is appropriate.
If no complaint has been filed with the appropriate public authority, it is then necessary for the Board to hear evidence on the issue and come to its own conclusion. A notice of violation issued by a public authority is not necessary for a finding of a breach of section 20.
If the applicant submits that a maintenance condition does not meet a standard, but has no evidence at the hearing of the exact nature of the standard, the Member may consider the item under the other tests (good state of repair or fit for habitation). However, the landlord is entitled then to introduce the standard, and to show that they are meeting it.
Provincial Maintenance Standard
Work orders will also be issued by the Ministry of Housing for municipalities which do not have their own property standards by-laws. These orders are authorized by the provincial maintenance standard set out in the regulations.6
Some tenants may wish to use the provincial maintenance standard, even though their own municipality has a property standards by-law. However, section 20 requires landlords to comply with standards and this must be read as meaning only those standards which are enforceable for that complex."
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