I rent a duplex and include the costs of water usage in the rent. I would like to change the tenancy agreements to exclude water as I have separate meters for each unit. Please advise on the proper method of making these changes.

Section 125 of the Residential Tenancies Act only allows such changes by agreement, and then requires the rent to be reduced by a prescribed amount if the parties both agree to the change. Usually this means that the rent will be reduced by the average actual cost to the landlord. So if the water costs $600 per year on average, then the monthly rent would be reduced by $50 – since the tenant will have to likely pay this amount, separate from their rent, to the utility company or provider. Decrease in services, etc. “25. A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 123 (1) with respect to the tenant’s occupancy of the rental unit. 2006, c. 17, s. 125.” Section 125 deals with parking or a list of 12 other services or facilities, namely: 1. Cable television. 2. Satellite television. 3. An air conditioner. 4. Extra electricity for an air conditioner. 5. Extra electricity for a washer or dryer in the rental unit. 6. Blockheater plug-ins. 7. Lockers or other storage space. 8. Heat. 9. Electricity. 10. Water or sewage services, excluding capital work. 11. Floor space. 12. Property taxes with respect to a site for a mobile home or a land lease home. O. Reg. 516/06, s. 16 (1). We realize this is not the answer you were expecting, but we hope it has been helpful.

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