The Landlord and Tenant Board (previously the Ontario Court of Housing Court) is an adjudicative court operated by the Ontario government which provides settlement of landlords and tenants under the Residential Tenancies Act, 2006 < i>.
Video Landlord and Tenant Board
Histori
Historically, landlords and tenants in Ontario are governed by the Landlord and Tenant Act . Disputes between landlords and tenants can only be officially addressed through the court system.
In 1998, the Conservative government of Mike Harris imposed the Tenant Protection Act , which created a new regime governing the woven housing. The law sets the Ontario Rent Real Estate Court as a quasi-judicial body to prosecute the dispute, thus eliminating the majority of landlord-tenants from the judicial system.
Acts and trials are criticized by some as bias in favor of landlords. In 2006, the Liberal government Dalton McGuinty revoked the lawsuit and replaced it with the current Residential Determination Act, which also restructures and alters the rules of the court and names it now.
Maps Landlord and Tenant Board
Process
Neither the landlord nor the tenant can apply to the Board. The parties may choose to try first solve the problem through mediation. If the mediation is unsuccessful or if the parties choose not to try mediation, an adjudication session is held in which Council members hear evidence from both parties before issuing an order.
An owner may apply to the Council to increase the unit rent over the provincial rent control guidelines or to evict tenants. Tenants may deny expulsion, apply for a reduction of rent or rebate due to failure of the building owner to fulfill the maintenance obligation, apply for work orders or other orders, or mourn other violations of the Residential Tenancies Act . In Ontario, a landlord can not evict tenants without a hearing before the council
According to Whitney Miller of the Ontario Social Justice Court, the Council generally heard the landowner's request not to pay rent within 25 days of filing the petition, and the decision was usually issued within five days of the trial.
Representasi Hukum
In Ontario one can be represented by individuals licensed by the Law Society of Upper Canada such as Lawyers or Paralegals. There are other exceptions to unpaid representatives such as direct employees of the landlord or in the case of a friend or family member's tenant. It is the duty of the individual to claim the release of representation to provide evidence to their legal authorization council to represent a person or company before the council. Prior to the meeting tenants, the council was given the opportunity to speak with the tenant assignment advisor normally provided by a community legal aid clinic funded through Ontario Legal Aid. Landlords are not permitted to access assignment attorneys on the day of the trial.
Jurisdiction
According to the Residential Tenancies Act, 2006 S.O Board has jurisdiction to resolve all issues between Landlord & amp; Tenant. There are some important differences between apps made by landlords and apps made by tenants when dealing with jurisdictional issues. Under the Tenant Act must have a rental unit before filling the application with the board. If a landlord submits an application with a board when the lessee does not have a rental unit, the application will be terminated. If a landlord wants to file a claim against the lessee after the tenant has vacated the rental unit, the landlord must request compensation through the Ontario Small Claims Court.
Changes to the Board
In September 2016, the changes were made to the Residential Suspension Act, 2006 S.O to allow victims of domestic violence to terminate their rent with only 28 days notice. The importance of this change was noted by Shaun Harvey from Riverview Legal Services when he stated that "In my opinion, it is a big step forward for women's rights I would argue that Ontario leads the way in its progressive care towards women and families and children. "
References
External links
- Landlord and Tenant Board
Source of the article : Wikipedia
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