How to properly prepare for your N4/L1 hearing at the Landlord and Tenant Board
Transcript
Introduction
Welcome to Landlord’s Self-Help Centre’s module about preparing for your N4/L1 hearing at the Landlord and Tenant Board. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider. For detailed information about the forms, please refer to the other landlord learning modules.
Residential Tenancies Act, 2006
In Ontario, the Residential Tenancies Act is the provincial law that governs most residential rental agreements. It defines the rights and responsibilities of both landlords and tenants and outlines appropriate reasons for giving a notice of termination. It also establishes rules and framework for the adjudicators and Landlord and Tenant Board procedures.
COVID-19
Due to the COVID-19 pandemic, the Landlord and Tenant Board offices are closed for in person hearings. As a result, hearings are being conducted in electronic and written formats.
Preparing for Your Hearing Day
When preparing for your hearing day, it is important that all of your documentation and evidence is in order. Contact a legal service provider if you require legal advice before your Landlord and Tenant Board hearing.
The Landlord and Tenant Board rules, practice directions and guidelines are helpful to review as they can assist you in understanding how the Adjudicators decide specific issues in an application. Past decisions from the Landlord and Tenant Board can be found on the canlii website.
Ontario Human Rights Code
The Ontario Human Rights Code prohibits discriminatory acts against peoples based on protected grounds and social areas. If a Human Rights Code issue is present, the Landlord and Tenant Board is obligated to address it.
Notice of Hearing Package
Once the Landlord and Tenant Board schedules a hearing for your application, they will mail or email you and the tenant a Notice of Hearing Package. Make sure to carefully read the Notice of Hearing Package as it will provide you with information about the hearing date and time, how to connect on the day of your hearing, and how and when to provide evidence.
Evidence
When preparing for an arrears hearing, evidence may include:
- Copies of receipts,
- A ledger showing a history of payments and/or missed payments,
- Attempts at a payment agreement, and
- Anything else that will help you demonstrate that the tenant owes the amount of rent you are claiming.
Payment Plan/Agreement
Section 83 subsection 6 of the Residential Tenancies Act now requires the landlord to attempt to enter into a payment plan or agreement with the tenant.
If successful, the agreement should be documented on the Payment Agreement form found on the Landlord and Tenant Board’s website. If unsuccessful, landlords should documents their attempts and present this as evidence at their LTB hearing.
Tenant Issues/Complaints
If tenants wish to raise other issues or complaints at the Landlord and Tenant Board hearing, section 82 of the RTA now requires that they provide advance written notice of this intention to both the landlord and Landlord and Tenant Board.
If they were unable to provide this in advance, they will have to explain why they were unable to comply with this requirement. It will be at the Adjudicator’s discretion to determine whether or not they will allow the information to be presented during the hearing.
During the Hearing
Hearings at the Landlord and Tenant Board are scheduled in time blocks, so prepare to dedicate the entire day for your hearing. Make sure to follow the instructions provided to you by the Board.
“During the hearing, you and the other party will have a chance to question witnesses, introduce relevant documents as evidence and make arguments about the facts and the law.”[1]
LSHC Membership Benefits
Landlord’s Self-Help Centre has a membership program. When you become a member, you are supporting the work of the organization! If you are already a member, Thank You!
For those who are not, there are many benefits to becoming a member, such as access to downloadable documents including rental applications and Standard Lease Form additional clauses. For more information, or to sign up, please visit www.landlordselfhelp.com
Conclusion
Thank you for watching this module about preparing for your N4/L1 hearing at the Landlord and Tenant Board. The information offered in this presentation is intended as general information, it is not legal advice. If you have a specific issue or situation, please contact a legal service provider.
[1] https://tribunalsontario.ca/ltb/application-and-hearing-process/#step4