Introduction to Landlord and Tenant Board Proceedings
If you are reading this because you have to file an application with the Landlord and Tenant Board and need support, you are in the right place. In early 2021, our Sage Living office was advised by the Landlord and Tenant Board that we are no longer able to represent our clients at LTB hearings. While we cannot complete an LTB application on your behalf, nor represent you at the hearing, we can provide support for you during the process. This support guide was created with the intention to provide complex information to our clients in simple terms.
We encourage you to bookmark this page so you may refer back to this guide at any time.
1. Selecting Representation
Sage Living encourages Suite Owners to select representation prior to completing further preparations for the hearing.
If you do not feel confident self-representing yourself at the hearing, you may want to consider retaining a paralegal. Suite owners have the option to retain Small Matters Paralegal – a firm highly experienced in residential tenancy law – should they require legal assistance during Landlord and Tenant Board procedures. Suite owners are also welcome to use another legal representative of their choosing or self-represent at the Landlord and Tenant Board. Paralegal fees typically begin at $150 and may be increased depending on the complexity of the case.
2. Selecting the Correct Form
The form you file will determine the focus of the hearing. A great resource for selecting what form to use is Navigate Tribunals Ontario. Within this link, you will be asked a series of questions that will help to determine the recommended action.
If you have completed the questionnaire but still want more information, please refer to the bottom left-hand side of the webpage for additional external resources.
We strongly encourage you to utilize this resource; it’s very user-friendly and easy to digest.
3. Completing the Application
If you did not obtain representation, it’s time to fill out the application. If you have retained legal representation, it might be worthwhile to request that they complete the application on your behalf.
If you wish to complete this independently, make sure to set aside at least 30 minutes. Regardless of which application you choose, there will be many details within the form to be mindful of.
Each application will include details on how to complete the form, what to do after it has been submitted and whether or not you are required to provide any additional documents to the Landlord and Tenant Board.
4. Filing the Application
The following applications can be filed online through the Tribunals Ontario Portal:
· L1: Application to evict a tenant for non-payment of rent and to collect rent the tenant owes
· L2: Application to End a Tenancy and Evict a Tenant or Collect Money
· T2: Application about Tenant Rights
· T6: Tenant Application about Maintenance
For most other LTB applications, you can file your application by email and pay online.
Applications can also be sent by mail or courier to your LTB regional office.
5. I’ve Filed my Application, What Now?
Once your application has been filed with the Landlord and Tenant Board it will be reviewed and added to the case management system. Applications are processed according to the date they are received.
After your application has been accepted, the Landlord and Tenant Board will send you and the tenant a Notice of Hearing which will include the following:
· The type of application files
· The purpose of the hearing
· The type of hearing that will be held (videoconference of phone)
· The date, time and type of hearing
The Landlord and Tenant Board will only serve a copy of the application and the Notice of Hearing. The LTB will not serve any documents or photos that you want to use as evidence to support your application. All parties must provide the other parties with a complete copy of the evidence they intend to rely upon at least 7 days before the hearing.
6. Providing Evidence
Regardless of the representation you choose, it’s important to submit evidence to the Landlord and Tenant Board to support your argument.
Parties who have a file on the Tribunals Ontario Portal should upload documents and evidence for their application using the new system. Files on the Tribunals Ontario Portal begin with LTB (e.g. LTB-L-000420-21).
Parties not using Tribunals Ontario Portal are encouraged to submit evidence by email to LTB.Evidence@ontario.ca. If you are unable to submit your evidence via email, you can mail or courier it to the address identified in the Notice of Hearing.
The LTB must receive evidence and submissions by the following deadlines:
· Evidence and submissions must be submitted at least 7 days before the hearing
· Reply evidence and submissions (that are “replying” to the other party’s evidence) must be submitted at least 5 days before the hearing
· The L1/L9 – Information Updates must be submitted at least 5 days before the hearing
· Evidence must be discussed and asked to be entered on the hearing date – just because you filed it, does not make it evidence. Depending on the situation, you may not need to use it at the hearing
7. The Hearing Date
Before the hearing begins, make sure to prepare all of the documents you wish to reference. We suggest to have a copy of the Notice of Hearing, and any evidence that you wish to present. Regardless of the type of hearing (videoconference or phone) you will be asked to reference the file number, which can be found on the top-right hand side of your Notice of Hearing.
Your hearing will likely be scheduled to begin at 9:00 AM. Please refer to the Notice of Hearing page wherein it explains what time to sign in and how. Prior to the hearing, all parties will have the opportunity to speak with a mediator. This provides a platform for tenants and landlords to speak with a neutral party to see if both sides can find a solution to the problem without speaking to a judicator. If parties refuse mediation or are unable to come to mutual agreement, the hearing will proceed as scheduled.
It is helpful to note that you may be waiting for your hearing until late afternoon, and if members are unable to attend to your matter prior to day end, your hearing will likely be adjourned to a later date.
8. The Order
The member who hears the applications will make the final order. The order tells the parties in writing what the member has decided and may describe terms or conditions that a party must follow. Usually, the Landlord and Tenant Board will email a copy of the order to all of the parties names in the application and their legal representation if applicable.
There are four common types of orders:
· Interim Order: an order that tells a party to do something, or decides part of the application, before the final order is issued
· Ex-parte Order: is made when the member reviews the documents filed by the applicant and makes a decision without notifying the respondent
· Hearing Order: a member issues a hearing order
· Consent Order: The LTB can issue a consent order when:
1. a tenant and a landlord have settled their dispute through an agreement and ask for the terms of the settlement to be put into a consent order. The terms of a consent order (e.g. a tenant agrees to move out of the apartment on a specific date) can be enforced by the court.
2. a landlord files an application to evict a tenant for non-payment of rent (Form L1) or for arrears of rent (Form L9) if:
· the landlord and tenant work out a payment plan, and
· a copy of the written payment plan is filed with the LTB before the hearing.
In this case, no hearing is held and the consent order is based on the payment plan that the landlord and the tenant have agreed to.
Review the order once it is received to ensure accuracy. Any clerical issues can be amended by notifying the Board. If you disagree with an order, you have 30 days to file a review. Please read up on reasons for a review before filing.
9. Voiding an LTB Order
An eviction order issued by the LTB for non-payment of rent usually allows the tenant to void the order by paying all the money they owe by the deadline in the order.
If the tenant pays the landlord the money they owe before the deadline, the order is void. If you file the order with the Sheriff, the tenant can file a Tenant's Affidavit and Motion to Void an Eviction Order for Arrears of Rent. A member will decide if the eviction order is void without holding a hearing.
If the tenant pays all the money owed after the deadline, the tenant can file a Tenant's Affidavit and Motion to Void an Eviction Order for Arrears of Rent. In this case, a member will hold a hearing to decide if the eviction order is void.
10. Enforcement of an LTB Order
Most of the terms and conditions of LTB orders can be enforced through the courts. For example, if the tenant does not move out of the rental unit by the date in the eviction order, the order can be filed with the Court Enforcement Office (also known as the Sheriff’s office) to be enforced. The order can be filed with the Small Claims Court for the purposes of using their enforcement procedures, for example: garnishing wages.