Tenant applications at the Landlord and Tenant Board are pleaded by way of an application, while landlord applications are pleaded by way of a notice of termination, followed by an application. However, landlord’s applications don’t plead facts or law rather their purpose is administrative and provides the LTB with sufficient information so to set up a hearing date. Landlords must pay $170 to file their application. With a few exceptions, facts and remedies are set out in the landlord’s notices of termination.
If a landlord interferes with a tenant’s enjoyment, the tenant files a T2 application. If they fail to maintain the unit or complex, the tenant files a T6. If they retain or collect money illegally, the tenants files a T1. And if they discontinue or reduce a facility or service, the tenant files a T3. All the facts are set out on these tenant application,
The use of notices to plead a landlord’s claim is without merit, except where the notice is voidable, such as the N5 notice of termination, and the always voidable N4 notice for rent arrears. Except for these two notices, landlords should be drafting their pleadings as part of the L2 application process.
For example, the tenant has committed an illegal act (N6 notice), seriously impaired safety (N7 notice), paid rent persistently late (N8 noitce), misrepresented income in social housing (N6 notice), or caused willful damage (N7 notice). None of these actions can be voided under the RTA. Why does the LTB make landlords serve a notice first, which must contain all the facts, and only after the notice is served on the tenant, the landlord is allowed to file an application to get a hearing date. The very nature of a notice suggests that it is a precursor to the recipient taking some action to cure or remedy a breach. But as noted above, tenants cannot remediate (or correct) incidents in these notices.
The Board regards a notice served by a landlord pleading facts very differently from a tenant’s application served by a tenant pleading facts. The primary difference in approach is that the Rules permit an application filed by a tenant to be amended. And they are amended all the time, with service of the amendment to the landlord and on consent of the Member. If the tenant’s claim widens, if landlord’s behaviour persists or worsens, or monetary damages increase, the tenant simply files an amended application and those amended facts are litigated come hearing day.
On the other hand, Landlord Tenant Board has no process allowing a landlord to amend a notice- more so, it will not permit it. The Board’s position is that notice as served is final, it has to be perfect, and if not, it is fatally flawed. A Landlord’s notice must have dates, times and specifics. Nothing can be added after the landlord serves the notice up to the time the hearing takes place. As such, even if a tenant continues the behaviour, the behaviour worsens, etc., landlords are limited to arguing their case at trial exactly as it was pleaded in the original N5, N6 or N7 notice.
If you are a landlord or tenant and require representation in the LTB process, we will be happy to represent you. Remember, you can always consult with us for free by calling (416)894-4219.