L1/L9- Information Update as of the Hearing Day Form (for L1 & L9)

Transcript

Introduction

Welcome to Landlord’s Self-Help Centre’s module about the hearing update form for arrears of rent.  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.

Important Information

The examples used for this module are based on the information included in the L1 application module.

Make sure to carefully read the instructions so that there are no delays with your hearing.

The L1/L9 update form is used when you have filed either a L1 application to evict a tenant for non-payment of rent and to collect rent the tenant owes or the L9 application to collect rent the tenant owes.

Information about the parties

Fill in the information about the landlord, tenant and rental unit address. Be sure that it matches what is on the application and notice.

***The file number is unique to each case and you should find it on your notice of hearing package.

Sections 1-3

Follow the instructions to ensure the next 10 sections are filled out correctly.

In this example:

  • The tenant is still in the rental unit,
  • The monthly rent charged to the tenant from what was shown on the application has not changed, and
  • The rent deposit has not changed. The amount held by the landlord is still $1,000.

Sections 4-5

The landlord in this case did not receive any payments after the application was filed. However, new rent came due on April 15 and May 15 which the tenant did not pay. These amounts must be indicated in section 5 so that the amount of arrears on the original application is properly updated.

Section 6

Section 6 of the update form should show the total amount of arrears owed by the tenant as of the hearing date. It takes all the changes and amounts from sections 1-5 into account. Do not include the filing fee or NSF charges in this section and do not subtract the last month’s rent deposit. The Adjudicator will do the final calculations when issuing the order.

In this example, the amount now owing by the tenant is $3,975.

Section 7-9

NSF charges can be added in section 7. In this example, there are no new NSF or administration charges that were not listed on the application, so No is selected and the rest of the section is left blank.

Section 8 allows the landlord to ask for the tenant to pay the application fee. Shade the appropriate circle depending on what you paid and how you filed the application.

Section 9 shows the grand total and adds everything together. In this example, the landlord is asking for the tenant to pay a grand total of $4,165.

Section 10

Section 10 should only be filled out if another application was filed for another reason in addition to arrears. For example, if the landlord also filed an application for a N5 dealing with interference or damage. If the landlord did file multiple applications, then this section can be used to explain all the situations currently affecting the tenancy and to remind the Adjudicator that applications have been filed for multiple issues, not just arrears.

If you have only applied to the Landlord and Tenant Board based on arrears of rent, it is not suggested that section 10 is filled out. Instead, select No and leave the rest of the section blank.

Declaration

Sign and date the declaration to let the Landlord and Tenant Board know that the information provided is accurate and true. The landlord should sign and date this form unless they have a paralegal or lawyer as a representative.

Section 83- Delay or Refuse

The update form includes information about the reasons why the application may be refused or delayed pending additional conditions. Make sure to read and understand these sections. Seek out legal advice if you require further explanation about what section 83 of the Residential Tenancies Act allows for.

Section 83- Definite Refusal

Under section 83 of the Residential Tenancies Act, the Landlord and Tenant Board Adjudicators are also obligated to refuse a tenant’s eviction if certain conditions exist with the tenancy.

Gather all required documentation

Make sure to gather all required documentation before filing this notice and application with the landlord and tenant board.  All the forms can be found on the Landlord and Tenant Board’s website.

Use resources found on the Landlord and Tenant Board, and Landlord’s Self-Help Centres websites to help guide you through the proper process.

Conclusion

Thank you for watching this module about the L1/L9- Information Update as of the Hearing Day Form for arrears of rent applications.

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.