Notice of Rent Increase (N1)

Parking Charges

TSL-22903-11 (Re), 2012 CanLII 21464 (ON LTB)

8. Section 123 says: “A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant’s occupancy of the rental unit… A parking space.”

9. What this means is that the twelve month rule does not apply to increases in the rent that result from a landlord and tenant agreeing to add a service like parking. In other words, a landlord has the right to increase the rent once a year and that right is not affected by tenants choosing to add services between anniversary dates.

10. With respect to the argument that the base rent used on the NORI should have been the amount the Tenant was paying on the date the NORI was served is not an argument explicitly addressed by the Act. That being said, it seems to me that the very concept of an “increase” means that on a certain date the rent will go from A to B and B must be calculated based on A. So if a NORI is served for October 1, 2010 the proper starting rent to base the increase on must be the rent that was in effect for September, 2010. To say that the starting rent should be the amount charged back in May on the date the NORI was served is not particularly logical given the concept of an increase which occurs at one date in time. More importantly, if the argument was accepted it would defeat the explicit intention of subsection 119(2). As a result, I am satisfied that a rent increase that is supposed to be effective October 1, 2010 should be based on the rent charged for September, 2010 plus the increase sought.

Guide Line Increase

Year	Rate
2019	1.8
2018	1.8
2017	1.5
2016	2.0
2015	1.6
2014	0.8
2013	2.5
2012	3.1
2011	0.7
2010	2.1
2009	1.8
2008	1.4
2007	2.6
2006	2.1
2005	1.5
2004	2.9
2003	2.9
2002	3.9
2001	2.9
2000	2.6
1999	3.0
1998	3.0
1997	2.8
1996	2.8
1995	2.9
1994	3.2
1993	4.9
1992	6.0
1991	5.4