On September 1, 2021 numerous outstanding amendments under the Protecting Tenants and Strengthening Community Housing Act, 2020 were proclaimed in force. The proclamation of these key provisions also triggered numerous amendments to the Residential Tenancies Act, 2006[1] which result in a variety of changes at the Landlord and Tenant Board.

Landlords will remember that Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020, was passed by the Ontario Legislature on July 21, 2020 and received Royal Assent the same day. While portions of the Act were proclaimed in force on July 21, 2020, many highly anticipated provisions such as the mechanism for the recovery of unpaid utilities at the LTB, applications to the LTB when a tenant is no longer in possession of the rental unit, expanded obligations for landlords with respect to the N12 and N13 notices, and enhanced protection and penalties for tenants when landlords act in bad faith were not proclaimed.

Many provisions under Bill 184 were proclaimed on September 1, 2021 required the following changes to Landlord and Tenant Board materials:

  • Landlord and Tenant Board Interpretation Guidelines 11 and 12
  • Landlord and Tenant Board Rules of Procedure 3, 4 and 5
  • Form T5: Landlord Gave a Notice of Termination in Bad Faith and Instructions
  • Form L2: Application to End a Tenancy and Evict a Tenant and Instructions
  • Form L10: Application to Collect Money a Former Tenant Owes and Instructions
  • Certificate of Service : Serving a Former Tenant or a Tenant no longer in Possession of the Rental Unit
  • Request to Use Alternative Service Form

Highlights of changes that became effective September 1, 2021 and how they will impact landlords and the management of their rental unit(s) include:

  1. Landlords can file the Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money to seek the recovery of out of pocket expenses while the tenant remains in possession of the rental unit, these expenses include:
    • Out of pocket expenses incurred as a result of the tenant’s conduct or someone visiting or staying at the rental unit while the tenant is in possession of the rented premises that resulted in the substantial interference with the landlord’s reasonable enjoyment or lawful right, privilege or interest of the premises. These damages are often incurred if the tenant pulled the fire alarm for no reason and the landlord must pay a charge to the fire department, or the tenant did not allow your pest control technician to enter the unit even though you provided proper notice and you had to pay the technician to return on a later date.
    • Out of pocket expenses for unpaid utility costs, this includes heat, electricity and water that are specified in the tenancy agreement and are required to be paid by the tenant while the tenant is in possession of the rental unit.
  2. Landlords can file the Form L10 – Application to Collect Money a Former Tenant Owes to seek the recovery of certain out of pocket expenses if the tenant is no longer in possession of the rental unit. This application can be filed up to 365 days after the tenant has vacated the rental unit, for the following expenses:
    • Rent or compensation
    • Charges related to NSF cheques
    • Unpaid utility bills for heat, electricity and water as defined in the tenancy agreement
    • Costs for damages to the rental unit
    • Expenses incurred as a result of the former tenant’s conduct or someone visiting or staying at the rental unit that resulted in substantial interference with the landlord’s reasonable enjoyment or lawful right, privilege or interest of the premises.
    • Please note that the service requirements for the L10 Application are different because the application is filed after the tenant has vacated the premises, pursuant to Section 191 (1.0.1) of the RTA. Also note, the Certificate of Service required is: Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit.
  3. Landlords who have served a Form N12 or N13 and are filing the L2 Application with the Landlord and Tenant Board on the grounds that the rental unit is required for occupancy of the landlord, a purchaser, an immediate family member, or caregiver; or the rental unit is required for demolition, extensive repairs/renovation or conversion to a use other that rental residential purposes, are now required to provide additional information by completing Schedule A of the L2 Application. Specifically, if you have given any other N12 or N13 in the past two years, whether it was for this specific rental unit or another rental unit for which you are landlord. Another new requirement is that the landlord must file the affidavit or declaration at the same time the L2 Application is filed.
  4. A tenant may file a T5 Application: Landlord Gave a Notice of Termination in Bad Faith with the Landlord and Tenant Board (LTB) to determine if the landlord gave a Notice of Termination in bad faith. A notice is considered to have been given in bad faith if, at the time it was given, the landlord did not intend to do what was claimed in the notice. The tenant can seek various remedies from the LTB, including 12 months’ rent in compensation, in addition to the other remedies previously available.

You can learn more about the changes at the Landlord and Tenant Board by reviewing the following:

Please contact LSHC with any questions you may have regarding these changes or other issues related to landlord and tenant relations.

See our previous posts for additional information on Bill 184:


[1] Sections proclaimed in force September 1, 2021 include: Section 7 (5) – French version; Section 57 (3) – Tenant remedies based on bad faith application; Section 57 (8) – New legislation title will be added; Section 57.1(2) – Limitation period extended to two years; Section 57.1 (2.1) – Paragraph added- Transition, application pending; Section 57.1 (2.2) – Paragraph will be added- Transition, previous application dismissed; Section 71.1 (1) (2) – Affidavit or declaration has to be filed with application; Section 7 (5) – French version; Section 57 (3) – Tenant remedies based on bad faith application; Section 57 (8) – New legislation title will be added; Section 57.1(2) – Limitation period extended to two years; Section 57.1 (2.1) – Paragraph added- Transition, application pending; Section 57.1 (2.2) – Paragraph will be added- Transition, previous application dismissed; Section 71.1 (1) (2) – Affidavit or declaration has to be filed with application; Section 71.1 (3) – Previous use of notices under s.48, 49 or 50; Section 72 (3) (4) – Own use … Determination of good faith; Section 73 (2) (3) – Demolition, conversion, repairs … Determination of good faith; Section 87 (1) – Arrears of rent … Landlord can file application against current tenant and former tenant within one year; Section 87 (3) – Application for compensation for use and occupation of unit; Section 87 (4) – Word substitution to ‘both owning by a tenant’; Section 87 (5) – Word substitution to ‘tenant or former tenant’; Section 87 (6) (7) – Application of section; Section 88.1- Section will be added pertaining to application for compensation for interference with reasonable enjoyment, etc.; Section 88.2 – Section will be added pertaining to unpaid utility costs; Section 89 – Compensation for damages; Section 189.0.1- Section will be added pertaining to the application under s. 87, 88.1, 88.2 or 89- Notice from applicant and Certificate of Service; and Section 191 (1.0.1) – Same, tenant or former tenant no longer in possession – service of a notice or document