Refusal for Certain Arrears of Rent (COVID-19): Difference between revisions
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:83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement, | :83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement, | ||
:::(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or | :::(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or | ||
:::(b) order that the enforcement of the eviction order be postponed for a period of time. 2006, c. 17, s. 83 (1). | |||
<b>Mandatory review</b> | |||
::(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1). 2006, c. 17, s. 83 (2). | |||
... | ... | ||
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::(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears. 2020, c. 16, Sched. 4, s. 17 (3). | ::(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears. 2020, c. 16, Sched. 4, s. 17 (3). | ||
<b>Application of subs. (6) | <b>Application of subs. (6)</b> | ||
(7) Subsection (6) applies with respect to any application described in that subsection that, | ::(7) Subsection (6) applies with respect to any application described in that subsection that, | ||
(a) is made on or after the day subsection 17 (3) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or | :::(a) is made on or after the day subsection 17 (3) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or | ||
(b) was made before that day and was not finally determined before that day. 2020, c. 16, Sched. 4, s. 17 (3). | :::(b) was made before that day and was not finally determined before that day. 2020, c. 16, Sched. 4, s. 17 (3). | ||
Same | <b>Same</b> | ||
(8) For greater certainty, subsection (6) applies whether or not a date has been prescribed for the purposes of that subsection. 2020, c. 16, Sched. 4, s. 17 (3). | ::(8) For greater certainty, subsection (6) applies whether or not a date has been prescribed for the purposes of that subsection. 2020, c. 16, Sched. 4, s. 17 (3). | ||
Revision as of 04:56, 2 February 2023
Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/ref>
...
Power of Board, eviction
- 83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,
- (a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
- (b) order that the enforcement of the eviction order be postponed for a period of time. 2006, c. 17, s. 83 (1).
Mandatory review
- (2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1). 2006, c. 17, s. 83 (2).
...
Refusal for certain arrears of rent
- (6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears. 2020, c. 16, Sched. 4, s. 17 (3).
Application of subs. (6)
- (7) Subsection (6) applies with respect to any application described in that subsection that,
- (a) is made on or after the day subsection 17 (3) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or
- (b) was made before that day and was not finally determined before that day. 2020, c. 16, Sched. 4, s. 17 (3).
Same
- (8) For greater certainty, subsection (6) applies whether or not a date has been prescribed for the purposes of that subsection. 2020, c. 16, Sched. 4, s. 17 (3).
