Notice of Entry - General (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	485
Page Categories:	[Personal Use Application (LTB)] [Interference of Reasonable Enjoyment (LTB)‎] [Maintenance Obligations (LTB)‎]
Citation:	Notice of Entry - General (LTB), CLNP 485, <https://rvt.link/4y>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2024/06/26

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Residential Tenancies Act, 2006, S.O.

26 (1) A landlord may enter a rental unit at any time without written notice,

(a) in cases of emergency; or

(b) if the tenant consents to the entry at the time of entry.

(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,

(a) the landlord enters the unit at the times specified in the tenancy agreement; or

(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so.

27 (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or replacement or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.

4. To carry out an inspection of the rental unit, if,

i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and

ii. it is reasonable to carry out the inspection.

5. For any other reasonable reason for entry specified in the tenancy agreement. 2006, c. 17, s. 27 (1).

(2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.

(3) The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

...

191 (1) A notice or document is sufficiently given to a person other than the Board,

(a) by handing it to the person;

(b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;

(c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit;

(d) by leaving it in the mail box where mail is ordinarily delivered to the person;

(e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person;

(f) by sending it by mail to the last known address where the person resides or carries on business; or

(g) by any other means allowed in the Rules. 2006, c. 17, s. 191 (1).

...

(2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the required time period. 2006, c. 17, s. 191 (2).

LTB Rules of Procedure

Rule 3 - Service of Documents on a Person or Party

3.1 In addition to methods of service identified in the RTA a document may be served on a person or party, other than a party covered by Rule 3.3, by:

a) hand to the person or to an apparently adult person in the rental unit or member unit;

b) hand to an employee of the landlord with authority for the residential complex to which the document relates or to the manager or co-ordinator of the non-profit housing co-operative exercising authority for the residential complex to which the document relates;

c) leaving it at the place where mail is ordinarily delivered to the person, sliding it under the door or putting it through a mail slot in the door of the rental unit or member unit as long as the person remains in possession of the rental unit or member unit;

d) placing it under the door of a non-profit housing co-operative's head office or business office;

e) regular or registered mail using the address for service provided by the party;

f) courier to party's address or, the case of a non-profit housing co-operative, to its head office or business office;

g) by fax to the party or to a non-profit housing co-operative's head office or business office but only if the document is less than 20 pages or, if it is longer, with the consent of the person receiving it;

h) by email if the person or party receiving it has consented in writing to service by email.

i) uploading it directly into TOP if the person or party receiving it has consented in writing to accept service through TOP.

3.2 A notice of entry under section 27 of the RTA may also be served by posting it on the door of the rental unit.

3.3 In addition to methods of service identified in the RTA a document may be served on a tenant or former tenant no longer in possession of a rental unit, by:

a) leaving it at the place where mail is ordinarily delivered to the person, sliding it under the door or putting it through a mail slot in the door of the tenant or former tenant’s residence;

b) sending the document(s) by courier to the address where the tenant or former tenant resides; or

c) by email if:

i) during the tenancy the tenant or former tenant had consented in writing to service by email; and

ii) if it can be proven that the contents actually came to the attention of the tenant or former tenant.

3.4 A party may ask the LTB to permit an alternative method of service including service by email or service on the party's representative. The request may be made prior to the hearing using an LTB approved form or at the hearing. A request to use an alternative method to serve a tenant or former tenant no longer in possession of a rental unit with an application and notice of hearing must be made at least 40 days before the hearing.

Interpretation Act, R.S.O. 1990, c. I.11

29. (1) In every Act, unless the context otherwise requires,

...

“writing”, “written”, or any term of like import, includes words printed, painted, engraved, lithographed, photographed, or represented or reproduced by any other mode in a visible form; (“écrit”)

Wrona v. T.CH.C., [2007] O.J. No. 423 (Ont. Div. Ct.)

3 In order to obtain entry, the landlord was required to give Mr. Wrona written notice pursuant to s.21 of the TPA. Section 21(2) of the TPA states in part that the notice "... shall specify the reason for entry, the date of entry and a time of entry between the hours of 8:00 a.m. and 8:00 p.m." In our opinion, a common sense reading of the language of ss.2 requires the notice to specify a time of entry within the twelve hour window, not as was done here, a nine hour period within the window during which an entry would be made.

4 In that regard, we agree with the finding of Member Graham of the Tribunal in his Decision in file #TNT-04362, a proceeding between these same parties that:

I do not accept that a landlord is required to specify the exact hour and minute of a required entry into a rental unit and although the hours of entry set out in this notice are clearly between 8:00 a.m. and 8:00 p.m., I do not find that a six-hour entry period complies with the requirement that the Landlord specify a time of entry between 8:00 a.m. and 8:00 p.m.

5 We therefore find that the notice delivered by the Landlord was deficient.

6 The notice provisions are drawn to protect the rights of the tenant and pursuant to s.2(1) of the TPA, they cannot be waived. In our opinion, by failing to consider the legitimacy of the notice, the Tribunal erred in law and further erred in law in holding that in the face of the defect in the notice, a consent to entry could operate as a waiver of the requirement for notice.

TST-53171-14 (Re), 2014 CanLII 58633 (ON LTB)

8. It is the Tenant’s position that all the notices fail to meet the requirements under subsection 27(3) of the Act because they do not state that the time of entry will be from 8:00AM to 8:00PM. The Tenant is relying on Wrona v. T.CH.C., [2007] O.J. No. 423 (Ont. Div. Ct.) as her authority.

9. As I stated at the hearing, I disagree with the Tenant’s interpretation of the court’s decision. In Wrona, the court found that a landlord cannot indicate a six or nine hour period during which an entry will occur; the notice must specify a time within the 12-hour window permitted under the Act. In other words, a landlord should indicate on the notice of entry a shorter duration period (for example 3 hours) during which a landlord or its agent may enter the rental unit rather than something as vague as between the hours of 8 to 8.

10. Having reviewed the notices of entry, I find that three of the notices fail to meet the requirements set out in the Act because the duration or window in time given exceeds more than three hours. As a result, the entries on January 7, 14 and February 14th are deemed to be illegal because improper notice was given.

11. The Tenant is seeking a rent abatement of $1,000.00 for each occurrence. Once again the Tenant is relying on Wrona as her authority.

12. Wrona is distinguishable from the case before the Board, in Wrona the tenant was a vulnerable person. In addition, there was also a long history of discussions between the tenant and the landlord regarding the notices of entries and the impact that those entries had on her mental health. Those same issues do not exist with the parties before the Board on this case.

13. Having regard for the impact statement of the Tenant and the reasons for the entries, I am of a view that an appropriate rent abatement in this instance to be $150.00 or $50.00 for each occurrence.

CEL-31023-13-RV (Re), 2014 CanLII 28550 (ON LTB)

1. On the basis of the submissions made in the request, I am not satisfied that there is a serious error in the order or that a serious error occurred in the proceedings.

2. The Landlord alleges that the member made a serious error in the interpretation of section 27 of the Residential Tenancies Act, 2006 (the ‘Act’).

3. Section 27 of the Act states:

“(1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or replacement or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.

4. To carry out an inspection of the rental unit, if,

i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and

ii. it is reasonable to carry out the inspection.

5. For any other reasonable reason for entry specified in the tenancy agreement.

(2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.

(3) The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.”

4. The Landlord argues that relying on a strict interpretation of subsection 27(1) of the Act would only allow a Landlord to enter a unit for the reasons specified and not for any other reason. That is exactly the purpose of section 27 of the Act. It states that a Landlord may enter a rental unit “under the following circumstances” and then sets out those particular circumstances. If the intention was to allow the Landlord to enter the unit for any reasonable reason then section 27 would have stated that.

TNT-69263-15 (Re), 2015 CanLII 54764 (ON LTB)

7. The Tenant alleged that the Landlord frequently entered the unit illegally by giving insufficient, defective or no notice. It was the evidence of the Tenant that the Landlord would send text messages to the Tenant in order to gain entry. A text message is not an approved method to give notice under section 27 of the Act.

8. Most of the evidence led by the Tenants concerning the illegal entries happened during the time of the water infiltration. Paragraph 26(1)(a) of the Act allows for the entry without notice by the Landlord in case of emergency. Times such was after a heavy rain when the Landlord wanted to inspect to see if there was more water entering does constitute an emergency. After all, inspecting for water-tightness 24 hours after a rainfall may not produce the most accurate results. However, during this same period of time, other entries do not constitute emergencies. Specifically, entries with contractors for the purposes of quotes on the repair work can be scheduled and proper written notice should have been given. Another example of illegal entry noted at the hearing includes the entry to the unit when the Landlord needed items from storage required for his son’s birthday (the access to the storage was through the Tenants’ rental unit).

9. By relying on text messages to give notice of entry, I find that the Landlord entered the unit illegally. However, I also find that the entries to the unit for emergency purposes in dealing with the water infiltration and flood to be substantiated under Paragraph 26(1)(a) of the Act. I decline to award a specific rent abatement relating to the illegal entries.

NOT-03487-10 (Re), 2011 CanLII 5837 (ON LTB)

2. Sub-section 26(1) of The Residential Tenancies Act 2006 states: “A landlord may enter a rental unit at any time without written notice, (a) in cases of emergency”. On June 2010, the Landlord entered the Tenant’s rental unit, without written notice, to investigate the cause an operating smoke detector alarm. The Landlord’s entry into the Tenant’s rental unit was not illegal because it was in response to a possible emergency.

3. Section 22 of The Residential Tenancies Act 2006 states: “A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household”. The Landlord and his wife have regularly scrutinized the arrival of the Tenant’s guests, asked the reason for guest visits, demanded to know how long the guests would be staying, and asked if the guests were residing with the Tenant. This conduct has substantially interfered with the reasonable enjoyment of the residential complex by the Tenant.

4. Section 23 of The Residential Tenancies Act 2006 states: “A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant”. The Landlord informed the Tenant that the rental unit is not suitable for her infant child. The Landlord instructed the Tenant to seek alternate accommodations. This conduct has harassed and threatened the Tenant.

5. The Tenant is entitled to a one time rent rebate of $715.00. This represents 10% of the rent paid by the Tenant for the 11 month term of this tenancy.

CET-43833-14 (Re), 2015 CanLII 9186 (ON LTB)

4. Pursuant to subsection 26(1) of the Residential Tenancies Act, 2006 (the ‘Act’), a landlord may enter the rental unit at any time without written notice in cases of emergency or if the tenant consents to the entry at the time of entry.

5. We find that the power outage was not an emergency warranting entry without notice. The Landlord knew the Tenant would be home soon and he also could have requested the Tenant’s consent to enter by text. The Landlord’s entry of the rental unit was illegal. The Tenant testified that after this incident he did not trust the Landlord. The Tenant did not allege that the Landlord disturbed any of his belongings, took pictures or did anything invasive other than entering the rental unit. The Tenant is therefore entitled to a small rent abatement of $20.55 for the illegal entry. The monthly rent is $625.00. The rent abatement awarded is 100% of the monthly rent for the one day of the illegal entry.

TET-32515-12 (Re), 2013 CanLII 51232 (ON LTB)

7. Subsection 26(1) of the Residential Tenancies Act, 2006 (‘Act’) provides that a Landlord may enter a rental unit without serving a notice of entry in cases of emergency. I find that some of these entries without notice were for emergency purposes. On several occasions the Landlord entered the unit without notice because the Tenant had left the residential complex but the hot water was left running in his unit. As a result, the other tenants in the basement did not have hot water for their showers. On several other occasions the Tenant left the residential complex with his radio turned on at a volume that disturbed the other tenants living in the rental unit.

8. However, the Landlord entered the rental unit on at least two occasions in situations that were not emergencies and without providing the Tenant with a written notice as required by section 27 of the Residential Tenancies Act, 2006 (‘Act’). On one occasion the Landlord’s son repaired an electrical outlet in the rental unit and on another occasion the Landlord replaced the cooking burners in the rental unit. While the Landlord did not enter the rental unit on these occasions for improper reasons, the Act requires her to provide a written notice of entry at least 24 hours in advance in order to enter to perform repairs. (This notice requirement does not apply if the Tenant consents to the Landlord’s entries.) Having considered the relevant circumstances surrounding these two entries, I find that a modest rent abatement of $100.00 is appropriate in the circumstances.

NOT-06700-11 (Re), 2011 CanLII 91072 (ON LTB)

11. On November 2, 2011 the Landlord, after repeated failed attempts to establish verbal communication with the Tenant, entered to the Tenant’s rental unit and removed the satellite television receiver. The Landlord did not provide 24 hour advance written notice of entry. The Tenant did not consent to the entry. The retrieval of the receiver was not an emergency.

12. I find that the Landlord illegally entered the Tenant’s rental unit.

TET-65171-15 (Re), 2016 CanLII 38275 (ON LTB)

10. The Tenant is renting the whole rental unit and is not renting the basement to someone else. The Tenant does not need the permission or the consent of the Landlord if a guest is visiting or staying overnight or for few days with the Tenant. Provided that a guest’s behaviour does not substantially interfere with a lawful right privilege or interest or the reasonable enjoyment of the Landlord or another tenant, the Landlord has no right whatsoever to restrict or limit the Tenant’s right to have guests in any manner. I find that the Landlord has harassed the Tenant by sending text messages about the guest staying with the Tenant for few days.

...

15. A landlord’s right to inspect the rental unit and the privacy provisions in the Act are found in sections 25 through 27 of the Act.

16. A landlord does not have an unfettered right to inspect a unit even with proper notice.

17. Section 27 says:

27. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or replacement or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.

4. To carry out an inspection of the rental unit, if,

i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and

ii. it is reasonable to carry out the inspection.

5. for any other reasonable reason for entry specified in the tenancy agreement.

(2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.

(3) The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

18. What this means is that a landlord cannot inspect the unit for any reason under the sun. The Landlord can only inspect the unit for one of the listed reasons. Further, I believe that most reasonable tenants would find a program of unnecessary monthly inspections to be oppressive and an invasion of privacy. So unless there is disrepair or some other listed and reasonable reason for entry, the Landlord must take care in not threatening an oppressive regime of entries.

19. That being said, as of the hearing before me the Landlord had not yet used her rights with respect to entry to harass the Tenant. Therefore, I am not prepared to find that the letter in and of itself is a breach of the Act, so no remedy can flow with respect to that issue.

20. This order contains all of the reasons for the decision within it. No further reasons shall be issued.