Residential Tenancies Act Chapters 1-3 Quiz

Instructor Information

• Richard Lammers
• [email protected]
• 519-972-2727 x 4580

Course Overview

• Textbook: Working with the Residential Tenancies Act, Fifth Edition by John Dickie & David Lyman
• Syllabus: Will be provided
• Tribunal Hearing Project : Will be discussed in class

Course Content

• Overview of the Residential Tenancies Act (RTA) (Chapter 1)
• Legal Framework (Chapter 2)
• Determining if the RTA applies (Chapter 3)
• Review: Chapters 1, 2, and 3 should be reviewed before the next class

History of Landlord-Tenant Law

• Rent control was applied to most rental units from 1975.
• Federally appointed judges previously heard landlord-tenant disputes.
• In June 1998, the Ontario Rental Housing Tribunal heard landlord and tenant applications and rent control applications.
• In January 2007, the Ontario Rental Housing Tribunal was renamed the Landlord and Tenant Board (the Board).

Aspects Governed by the Residential Tenancies Act, 2006

• The Residential Tenancies Act, 2006 (RTA) governs all aspects of residential tenancies in Ontario.
• The RTA covers the tenancy agreement, eviction proceedings, assignments, sub-lets, lawful rent determination, and rent increases.

Types of Applications in Landlord-Tenant Relationships

• Applications regarding termination: These include non-payment of rent, inappropriate behavior, or failure to leave after notice.
• Applications regarding rent abatement: This can include rent reduction due to inadequate maintenance.

Applications Concerning Rent Amounts

• Applications for above-guideline rent increases.
• Applications for rent reduction due to the landlord removing a service or facility.

The Board

• The Landlord and Tenant Board, known as the Board, is appointed by the Ontario government under the RTA.
• The board has offices across Ontario, including three in Toronto.
• The board can hear a landlord’s claim against a former tenant.

Residential Tenancies Act (RTA)

• The Residential Tenancies Act, 2006 (RTA) outlines the primary regulations for residential tenancies in Ontario
• The RTA was enacted by the Ontario legislature and can only be changed by the Ontario legislature
• It is divided into parts I to XIX, and each part is further divided into sections numbered consecutively
• The RTA can be found in Appendix A of the textbook.

Regulations

• Regulations are enacted by the Ontario Cabinet and do not need legislative approval
• Regulations can only be made if authorized by the RTA.
• For example, Section 241(1) of the RTA provides authorization to create a regulation for services under Section 123(1)
• The relevant regulations are found in Appendix B.

Rules of Procedure and Practice Directions

• The Board (Rules and Guidelines Committee) is responsible for creating Rules of Procedure and Practice Directions
• Such directions are designed to address procedural issues, such as representation by a lawyer or other legal professional
• The Rules of Procedure and Practice Directions are found in Appendix C.

Interpretation Guidelines

• Interpretation Guidelines are "non-binding" and are issued by the Board. These guidelines suggest how regulations, rules, and the RTA should be interpreted and used.
• They cover topics such as awarding costs, rescheduling applications, and issues that arise in eviction applications.
• The Interpretation Guidelines are found in Appendix D.

Case Law

• Case law refers to the decisions made by the Landlord and Tenant Board (LTB) on specific cases
• These decisions are reported in legal databases online.
• The LTB publishes their decisions when they help to clarify the RTA's meaning
• Individual decisions by the LTB are not binding on other LTB members

Case Law (Continued)

• The RTA features sections that were adapted from the Tenant Protection Act
• Case law from the Ontario Courts dealing with tenant protection sections may be relevant
• Decisions from the Divisional Court or Court of Appeal are binding on the LTB
• Decisions from common law jurisdictions (e.g. UK, Australia, New Zealand, US) can be persuasive

Relevant Texts

• Legal texts can be persuasive sources of law
• Legal texts often collect and summarise case law on specific subjects
• Legal text authors often provide opinions on conflicting case law
• Legal texts can address issues that haven't been covered in court decisions yet

Does the RTA Apply?

• Residential Tenancies Act (RTA) applies to all residential units in Ontario unless there is a specific exemption
• Exemptions exist because the particular use of the property does not fall under the definitions of rented residential premises, or a specific exemption is listed under the RTA
• Exemptions can be full, meaning no rules in the RTA apply, or partial, meaning some rules apply

Full Exemptions

• The RTA does not apply to the following types of uses:
  • Commercial uses
  • Rentals to employees
  • Rentals at institutions
  • "Tenants" who are actually owners
  • Some educational institutions
  • Situations of close contact

Partial Exemptions

• The following uses have partial exemptions:
  • New construction or new rentals
  • Partial institutional exemptions
  • Public housing
  • Other educational institutions

New Construction or New Rentals

• Until May 30, 2017 buildings first occupied after November 1, 1991 were exempt from rent control
• Current exemptions from rent increases apply to rentals if, according to section 6.1:
  • The unit is located in a building, mobile home park, or land lease community, of which no part was occupied for residential purposes on or before November 15, 2018
  • It is an addition to a building, mobile home park, or land lease community, and no part of the addition was occupied for residential purposes on or before November 15, 2018
  • The unit is not subject to a tenancy agreement that was entered into before November 15, 2018
• Units in detached, semi-detached, and row houses are exempt from rent control regulations under certain conditions:
  • The housing contained not more than two residential units before November 15, 2018
  • The rental unit met certain facility requirements
  • Either the owner(s) lived in another residential unit in the housing, or the rental unit was, immediately prior, an unfinished space

Partial Institutional Exemptions

• Numerous sections of the RTA do not apply to:
  • Accommodation that is subject to the Homes for Special Care Act, or the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act
  • A building owned, operated, or administered by a religious institution for a charitable use on a non-profit basis