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Archive for the ‘Above Guideline increase’ Category

The Mimico Estates Tenants’ Association conducted an online Above Guideline Increase (AGI) workshop on May 18, 2021. The workshop provided a wide range of useful tips and information for tenants so that they can protect their rights especially in these challenging times of the COVID-19 pandemic. The title of the presentation is The AGI – A Nuts and Bolts Workshop.

Full details are available at the attachment below:

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FMTA (Federation of Metro Tenants’ Association) Press Conference On Expiring Rent Increases in Ontario

Published on Dec 3, 2019

Tenants in Ontario are owed $Millions in rent reductions but are not getting their money. We call on the province to ensure tenants get their rent reductions.

FMTA official website: https://www.torontotenants.org/

 

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Many high-rise apartment buildings around the GTA are currently undergoing major renovations and repairs of balconies. Most balconies tend to be made of metal with concrete slabs and are subject to wear and tear and rusting. Landlords and property owners deem these renovations and repairs are necessary to maintain the infrastructure and revitalize the appearance of the buildings. Hence these renovations are deemed ‘capital expenditure work’ under the Residential Tenancies Act.

Refer to: http://www.sjto.gov.on.ca/ltb-december-19-2016-new-approach-applications-rent-increase-guideline/

Given that the Above Guideline Increase regulations of the Landlord and Tenant Board (LTB) deem renovation of balconies as ‘capital expenditure work’, the landlord has rights to renovate their property. The landlord will incur substantial costs from these renovations and the upshot is that the landlord can apply for an Above Guideline Increase and pass these costs on to their tenants. But. are those balcony renovations necessary, essential or cosmetic?

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The Ontario government has set the 2020 Annual Rent Increase Guideline at  2.2%. The guideline increase of 2.2% for 2020 is the maximum a landlord can raise a tenant’s rent without approval of the Landlord and Tenant Board. This applies to most sitting tenants in private residential rental units covered by the Residential Tenancies Act.

The guideline does not apply to:

  • vacant residential units
  • social housing units
  • nursing homes
  • commercial properties

Rents charged to new tenants are at the discretion of the landlord.

The 2020 guideline increase takes effect from January 1, 2020 through December 31, 2020. This 2020 guideline increase of 2.2% is the highest increase since 2013. As noted above, landlords cannot increase rent for sitting tenants above the 2.2% guideline without seeking approval from the Landlord and Tenant Board. The increased is based on the Ontario Consumer Price Index (CPI), a measure of inflation calculated monthly by Statistics Canada.

If the landlord intends to implement an Above Guideline Increase the landlord is required to abide by the regulations of the Landlord and Tenant Board and file an application with Landlord and Tenant Board for an Above Guideline Increase. Refer to this link at the Tribunals Ontario, Landlord and Tenant Board:

http://www.sjto.gov.on.ca/documents/ltb/Brochures/2020%20Rent%20Increase%20Guideline%20(EN).html

Detailed information on the 2020 Annual Rent Increase Guideline is available at the Ministry of Municipal Affairs and Housing link:

https://www.ontario.ca/page/rent-increase-guideline

 

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The Ontario government has capped the 2018 Annual Rent Increase Guideline at 1.8%. The increase of 1.8% for 2018 is the maximum a landlord can raise a tenant’s rent without the approval of the Landlord and Tenant Board. Landlords cannot increase rent for sitting tenants above the 1.8% guideline without seeking approval from the Landlord and Tenant Board. More information is available at this Ontario Government link:

https://news.ontario.ca/mho/en/2017/06/ontario-capping-rent-increases-for-tenants-in-2018.html

This 2018 guideline increase of 1.8% is higher than the 1.5% rent increase for 2017. It is based on the Ontario Consumer Price Index (CPI), a measure of inflation calculated monthly by Statistics Canada.

The 2018 guideline increase takes effect from January 1, 2018 through December 31, 2018.

If the landlord intends to implement an Above Guideline Increase the landlord is required to abide by the regulations of the Landlord and Tenant Board and file an application with Landlord and Tenant Board for an Above Guideline Increase. Refer to the Brochure: 2018 Rent Increase Guideline published by the Landlord and Tenant Board (Social Justice Tribunal) for more details:

http://www.sjto.gov.on.ca/documents/ltb/Brochures/2018%20Rent%20Increase%20Guideline%20(EN).html

NOTE: The guideline is not applicable to: Vacant residential units, Social housing units, Nursing homes or Commercial property

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RENTAL FAIRNESS ACT 2017
Amendment to the Residential Tenancies Act, 2006

The Rental Fairness Act was amended by the Legislative Assembly of the Province of Ontario May 30 2017.

Refer to this link to access the amendment:   
https://landlordselfhelp.com/bill-124-rental-fairness-act-2017/

NOTE – Here are 2 perspectives on the amendment:

1) FRPO Submission to the Standing Committee on General Government ~ Bill 124 ~
May 9, 2017

Refer to this link for the full article:
https://www.frpo.org/wp-content/uploads/2015/04/FRPO-Submission-to-Standing-Committee-on-General-Government-re-Bill-124-2017-05-09.pdf

2) ONTARIO’S NEW RENT RULE Get ready for a flood of AGIs (About Above Guideline Increases)
by L D Blake
June 29, 2017

Bill 124, the “Rental Fairness Act” (2017) have just achieved royal assent, becoming law.

Refer to the attachment for full details:  Ontario – New Rent Rules

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The Ontario government has set the 2017 Annual Rent Increase Guideline at  1.5%. The guideline increase of 1.5% for 2017 is the maximum a landlord can raise a tenant’s rent without approval of the Landlord and Tenant Board. This applies to most sitting tenants in private residential rental units covered by the Residential Tenancies Act.  Rents charged to new tenants are at the discretion of the landlord.

The 2017 guideline increase takes effect from January 1, 2017 through December 31, 2017. As noted above, landlords cannot increase rent for sitting tenants above the 1.5% guideline without seeking approval from the Landlord and Tenant Board. This 2017 guideline increase of 1.5% is slightly lower than the 1.6% rent increase for 2016. It is based on the Ontario Consumer Price Index (CPI), a measure of inflation calculated monthly by Statistics Canada.

If the landlord intends to implement an Above Guideline Increase the landlord is required to abide by the regulations of the Landlord and Tenant Board and file an application with Landlord and Tenant Board for an Above Guideline Increase. Refer to this link:  http://www.sjto.gov.on.ca/documents/ltb/Brochures/2017%20Rent%20Increase%20Guideline%20(EN).html

Detailed information on the 2017 Annual Rent Increased Guideline is available at this link: https://www.ontario.ca/page/rent-increase-guideline

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The Annual Rent Increase Guideline for 2015 has been set at 1.6% by the Ontario government.

Based on this guideline the maximum amount a landlord can increase a tenant’s rent between January 1 – December 31, 2015 is 1.6%. This increase will apply mostly to sitting tenants who face rent increases during that period.

Complete information about the 2015 Rent increase Guideline is available at the Municipal Affairs and Housing website:  http://news.ontario.ca/mah/en/2014/06/ontarios-2015-rent-increase-guideline-set-at-15-per-cent.html

It should be noted that this increase is double the increase of 0.8% permitted in 2014. The Annual Rent Increase allowed is directly related to the rate of inflation. The calculation is based on data provided by Statistics Canada which creates the Ontario Consumer Price Index. Refer to:  http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/cpis01g-eng.htm

With regard to Above Guideline increase tenants should note that landlords can only increase rents above the 1.6% guideline by filing an application with the Landlord and Tenant Board.  For full details on how a landlord can raise rent above this 2015 guideline please refer to: http://www.sjto.gov.on.ca/documents/ltb/Brochures/Information%20about%20AGI%20Applications%20(EN)%20Revised_Bill140_June15_2015.pdf?b58864

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