Government of Ontario departments and agencies
| Agency overview | |
|---|---|
| Formed | January 31, 2007 |
| Preceding agency |
|
| Dissolved | January 31, 2024 |
| Type | Tribunal |
| Jurisdiction | Province of Ontario |
| Headquarters | 25 Grosvenor Street Toronto, Ontario |
| Minister responsible | |
| Parent agency | Tribunals Ontario |
| Key document | |
| Website | tribunalsontario |
The Landlord and Tenant Board (French: Commission de la location immobilière) was an adjudicative tribunal operating in the province of Ontario that provides dispute resolution of landlord and tenant matters under the Residential Tenancies Act, 2006. It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario.[1]
Either landlords or tenants may file an application to the board. The parties can choose to first attempt to resolve the matter through mediation. If the mediation is unsuccessful or if the parties choose not to attempt mediation, then an adjudication hearing is held in which a board member hears evidence from both parties before issuing an order. The Statutory Powers Procedure Act provides a general framework for the conduct of hearings before Ontario's administrative tribunals including the LTB.
A landlord may apply to the board to increase a unit's rent above the province's rent control guidelines or to evict a tenant. Tenants can dispute evictions, apply for rent reductions or rebates due to a landlord's failure to meet maintenance obligations, apply for work orders or other orders, or grieve other violations of the Residential Tenancies Act. In Ontario, a landlord cannot evict a tenant without a hearing before the board.[2][3]
Ontario-based newspapers have published stories about landlords being months in arrears for rent with no options available to reduce their losses while they wait for hearings.[4] Continued delays in processing evictions has resulted in some landlords nearing bankruptcy[5] and becoming homeless.[6]
In Ontario, a person may be represented by an individual licensed by the Law Society of Ontario such as a lawyer or a paralegal.[7] There are other exemptions for unpaid representatives such as direct employees of the landlord or in the case of a tenant a friend or family member. It is the obligation of the individual claiming the representation exemption to provide proof to the board of their legal authorization to represent a person or company in front of the board. Prior to a board hearing tenants are offered the opportunity to speak to tenant duty counsel which is usually provided by a community legal aid clinic funded through Legal Aid Ontario.[8]
According to the Residential Tenancies Act, 2006 (RTA), the LTB has the jurisdiction to resolve all matters between landlords and tenants, to mediate or adjudicate eviction applications from non-profit housing co-operatives, and provide information to landlords, tenants about their rights and responsibilities under the RTA as well as information about LTB’s practices and procedure.
Under the RTA, a tenant must be in possession of a rental unit prior to filing an application with the board.[9]
If a landlord would like to make a claim against a tenant after a tenant has vacated the rental unit, the landlord must file an L10 with the LTB.[10][11]
Some LTB decisions are published by CanLII. As of 2021, there were 19,621 decisions posted to CanLII.[12]
The LTB processes around 80,000 applications per year.[13][14] A majority of those applications are non-payment of rent applications.[14]
Access to Adjudicative Records at the Landlord and Tenant Board is governed by the Tribunal Adjudicative Records Act, 2019, S.O. 2019, c. 7, Sched. 60,[15] and the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31.[15]
According to Toronto Star v. AG Ontario, 2018 ONSC 2586 (CanLII)[16] decisions of the Ontario landlord and Tenant Board are not subject to the privacy considerations as personal information under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31.[15]
In May 2023, the Ontario Ombudsman released a scathing report about the backlog of hearings and up to two year delays for pseudo legal hearings at the Ontario Landlord Tenant Board. [17], "Tens of thousands of Ontarians have been denied fast, fair access to justice and suffered hardship because of “excruciatingly long” delays at the Landlord and Tenant Board," stated Ombudsman Paul Dubé. The Ontario Landlord Tenant Board has also faced repeat accusations of favoring the interests of Landlords over those of Tenants.[18] Digitization of hearings and other LTB proceedings has failed to alleviate backlog under the scandal-fuelled provincial leadership of Doug Ford, as evictions across Ontario reach historically high numbers and landlords and tenants still wait multiple months for hearings as of early 2024.
Other LTB criticisms:
1. Delayed Resolution: One common criticism is the significant backlog and delays in resolving disputes. Tenants and landlords may face prolonged waiting times for hearings, impacting their ability to address issues promptly.
2. Enforcement Challenges: Critics argue that the Board lacks sufficient enforcement powers, making it difficult to ensure compliance with its rulings. This limitation may diminish the effectiveness of the Board’s decisions and undermine the deterrent effect.
3. Perceived Bias: Some tenants feel that the Board tends to favor landlords, asserting that the balance in decision-making may be tilted against renters. This perception can erode trust in the fairness of the Board’s proceedings.
4. Complex Procedures: The legal processes involved in the Board’s hearings can be intricate and challenging for individuals without legal backgrounds to navigate. This complexity may disadvantage tenants, particularly those who cannot afford legal representation.
5. Limited Remedies: Critics argue that the remedies provided by the Board may be insufficient for certain issues faced by tenants. For example, the monetary compensation awarded may not always reflect the extent of a tenant’s inconvenience or hardship.
6. Inadequate Tenant Protection: Some argue that the Board’s procedures may not adequately protect tenants’ rights, leaving them vulnerable to unfair eviction practices or unaddressed maintenance concerns.
7. Insufficient Resources: The Board may face resource constraints, impacting its ability to efficiently handle a large number of cases. This limitation can contribute to delays and hinder the Board’s overall effectiveness.
8. Communication Challenges: Critics note that communication between the Board and parties involved may be unclear or insufficient, leading to misunderstandings and frustration for both landlords and tenants.
9. Limited Mediation Services: While the Board offers mediation services, critics contend that there is a need for expanded and more accessible mediation options to resolve disputes before they escalate to formal hearings.
10. Rent Control Concerns: Some argue that the Board’s approach to rent control and allowable rent increases may not adequately protect tenants from steep hikes, especially in high-demand housing markets.
These criticisms highlight various aspects of the Ontario Landlord and Tenant Board that have been subject to scrutiny, contributing to ongoing discussions about potential improvements and reforms.
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