Electricity

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-20
CLNP Page ID:	1926
Page Categories:	Maintenance Obligations (LTB), Maintenance Abatements (LTB), Vital Services
Citation:	Electricity, CLNP 1926, <7Q>, retrieved on 2024-05-20
Editor:	MKent
Last Updated:	2022/06/10

Residential Tenancies Act

Termination of obligation to supply electricity

137 (3) Subject to subsections (4) and (5), if a meter or a suite meter is installed in respect of a rental unit, a landlord who has the obligation under a tenancy agreement to supply electricity to the rental unit may terminate that obligation by,

(a) obtaining the written consent of the tenant in the form approved by the Board;

(b) providing adequate notice of the termination of the obligation to the tenant in accordance with the prescribed rules; and

(c) reducing the rent, in the prescribed circumstances and in accordance with the prescribed rules, by an amount that accounts for the cost of electricity consumption and related costs.

TSL-66668-15 (Re), 2015 CanLII 94900 (ON LTB)

25. There was an absence of running water, a lack of hot water, a lack of electricity and a lack of heat over the course of a total of 21 days in the first two months of 2014. The Landlords did not substantively respond to the allegations and an abatement of rent would be appropriate whether they were caused by disrepair or whether there was a withholding of vital services. Specific quantum was not argued and I find the appropriate amount would be 50% for the days in question. With monthly rent throughout of $983.59, the abatement should be $339.57.

==EAT-60893-16 (Re), 2017 CanLII 48751 (ON LTB)

5. On October 17th, the Landlord informed AD that she had contacted Ottawa Hydro and directed that the account be changed to AD’s name. In response to this action, the Tenants informed the Landlord that they would be withholding a portion of future rent to cover the cost of utilities.

6. On November 4th , the Landlord wrote to the Tenants to inform them that she had contacted Hydro Ottawa again and instructed that the hydro bill be placed back in her name. Later that evening, the Landlord met with AD and apologized for her conduct, explaining that she had been under severe financial stress. However, she also requested that the Tenants move out of the rental unit in June 2017.

(...)

10. The Landlord also breached the Act when she contacted Ottawa Hydro and had the hydro bill transferred to the Tenants’ names. Under the terms of the lease agreement which both parties signed, the Landlord is responsible for paying the cost of all utilities. The Landlord’s action in effect constituted an illegal rent increase.