On September 1, 2021 the Landlord and Tenant Board (LTB) released new forms, Rules and Guidelines to correspond with amendments to the Residential Tenancies Act (RTA). Last month we described the nature of the RTA amendments and the new remedies and penalties which await landlords under the changes. A link to last month’s description of the changes is here: Landlords Should Plan Today for September 1st Changes

LTB FORM CHANGES: What is key for landlords now is to ensure that when they make any kind of application to the LTB after September 1, 2021 that the correct forms are used.

The L2 application has been amended to allow landlords to recover unpaid utility charges; however, even if that is not the basis for your application, you should integrate and use the new L2 form soon because effective September 30, if you use the old one, your application for simple termination based only on rent arrears may be dismissed. The changes to the L2 form are relatively minor but here is a link to the new one which you should be using as soon as possible: LTB Landlord Forms. Note that only a PDF version of the form is available and the L2 application will not be capable of being e-filed (on a temporary basis)—until the form is available for e-filing, the LTB has directed that it be filed by fax or e-mail.

There is a new landlord application form (L10) for landlords who seek to recover arrears of rent, compensation and utility charges from “former tenants”. Prior to September 1 a landlord could not file an application for rent arrears or unpaid utility charges owed under the lease agreement if the tenant was no longer in possession of the rental unit. The RTA change allows for recovery against a former tenant who is no longer in possession, but if the tenant vacated before September 1, 2021 you still have to go to Small Claims Court. You can only file against a former tenant at the Board if the tenant vacated on or after September 1, 2021.  For tenants in arrears who vacated on or after September 1, 2021 a landlord may seek judgment for rent arrears or unpaid utility charges using the new L10 form: LTB Landlord Forms.

LTB RULE CHANGES: It is essential that Landlords and their staff inform themselves of the mandatory and strict Rules for service of documents, filing of applications, and the uploading of forms to the LTB. The Rules were changed to take into account special service requirements of documents and applications on former tenants and the filing of applications to the LTB based on “landlord’s own use” and “purchaser’s own use”. A failure to comply with the LTB’s more complex service and filing Rule changes will result in a dismissal of the landlord’s application. A copy of the Rule changes is available at this link: LTB Rules of Procedure.

NEW LTB GUIDELINES: The LTB has issued changes to two Guidelines: Guideline 11 (Rent Arrears) (Guideline 11 available here) and Guideline 12 (Eviction for Personal Use by Landlord/Purchaser, Demolition, Repairs and Conversion)) (Guideline 12 available here). Both Guidelines provide excellent “roadmaps” for landlords to follow in exercising rights and remedies under the new RTA provisions as well as remedies in place before the September 1 changes. As with the Rule changes, Landlords and their key staff should be thoroughly familiar with the Guideline changes as the narratives in the Guidelines describe the processes for securing a remedy and avoiding a dismissal of the Landlord’s proceeding at the LTB.

WEBINARS BY COHEN HIGHLEY LAWYERS ARE IN PROCESS TO PROVIDE LANDLORDS WITH INFORMATION AND DETAILS OF THE CHANGES: Partner Kristin Ley is scheduled to provide a detailed presentation on the RTA changes to GTAA Members on September 9, 2021 and to LPMA Members on October 12, 2021 and to QRLA on September 20, 2021. Joe Hoffer will do a separate specialized presentation for Realtors on September 14, 2021. Hopefully by reviewing the information at links provided in this Bulletin and with access to Kristin’s presentations to industry groups, recipients of the Bulletin will put themselves and their staff in a position to properly exercise their remedies under the RTA and avoid costly dismissals of their proceedings at the LTB.

If you have questions or require services in relation to the above, please contact: