New notice of termination forms mean changes for landlords, recourse for tenants
Q: I live in a small bungalow and rent out a few houses I own in the neighbourhood. In January, when my son was out of work, I let him move in with me, along with his wife and their young child. That was fine for a few months, but now we all think it would be better if they have their own place. I gave one of my tenants an N12 notice of termination for Aug. 31. The tenant showed no sign of moving, so I got the application to the Landlord and Tenant Board ready two weeks ago and tried to file it on Sept. 2. I provided a copy of the N12, a certificate of service of it, and a declaration sworn by my son stating that he plans to live in the unit for a period of one year or more. The LTB did not accept my application, saying it was “incomplete.” What is going on? Can I still proceed with the notice I gave the tenant two months ago?
A: Yes, but you need to file using the new application form, and you need to do that by Sept. 30. Except for notices for nonpayment of rent, notices of termination become void 30 days after their effective date unless the
landlord has applied within the 30-day period.
The problem you ran into is that a new application form was brought into force on Sept. 1.
Until that date landlords needed to use the old form. Now, landlords need to use the new form. As a result, the LTB left the old form up on its website until Aug. 31, and only posted the new form on Sept. 1.
The new application form includes a Schedule B for applications based on personal or family use. In that schedule you need to state whether you have given any N12 notices (for personal or family use) or any N13 notices (for renovations, demolition or conversion) in the two years prior to filing the current application. If so, then you must provide the date the notice was served, the address of the rental unit, the intended occupants (for an N12) or the intended activity (for an N13) and any applicable LTB file numbers.
The purpose is to make it easier for tenants to contest those applications for termination that are not made in good faith. If a landlord fails to disclose such earlier notices within the
two-year time period, that is in itself a sufficient reason for the LTB to refuse the landlord’s application.
Landlords applying for termination for renovations, demolition or change of use must include Schedule A with the information listed above and more.
As well as the new disclosure requirement, a new remedy has
been provided to tenants who move out in response to a notice. Until Aug. 31, a tenant could make a claim if the landlord did not follow through on the actions indicated in a notice of termination. Tenants could claim part or all of any increase they pay in rent, and their moving costs, and ask the LTB to fine the landlord. Since Sept. 1, tenants can also ask for an additional award of up to 12 months of the rent they were paying before they moved.