Suspension of Rent - Section 12 Defense

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	2175
Page Categories:	[Payment of Rent (LTB)], [Section 12 RTA]
Citation:	Suspension of Rent - Section 12 Defense, CLNP 2175, <https://rvt.link/4v>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2023/03/14

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

12 (1) Every written tenancy agreement entered into on or after June 17, 1998 shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act. 2006, c. 17, s. 12 (1).

(2) If a tenancy agreement entered into on or after June 17, 1998 is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord. 2006, c. 17, s. 12 (2).

(3) If a tenancy agreement entered into on or after June 17, 1998 is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act. 2006, c. 17, s. 12 (3).

(4) Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be,

(a) the tenant’s obligation to pay rent is suspended; and

(b) the landlord shall not require the tenant to pay rent. 2006, c. 17, s. 12 (4).

(5) After the landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 2006, c. 17, s. 12 (5).

CEL-59665-16-RV (Re), 2016 CanLII 88119 (ON LTB)

6. Subsection 12(4) states that the Tenants’ obligation to pay rent is suspended and the Landlord shall not require the Tenants to pay rent until the obligation to provide an address has been complied with.

7. By serving the N4 notice of termination, the Landlord was requiring the Tenants to pay rent or their tenancy could terminate. The Landlord could not serve the N4 notice (since he could not require the Tenants to pay rent) until he complied with section 12 of the Act.

...

13. From the questions the Member asked the parties at the hearing and comments made, it is evident the Member interpreted section 12 to mean the Landlord has to give the Tenants the address where he is actually physically residing to comply with section 12.

14. This is an unreasonably narrow interpretation. The purpose of section 12 is to ensure that a tenant has a valid address to serve their landlord with notices or other documents under the Act. There is no requirement that it be the place where the Landlord physically resides.

15. In some situations, the actual address a person resides at is not an address where mail is reliably delivered. For example, a rural address may not have mail delivery and a P.O. Box in the closest town will be the mailing address. In that situation, a landlord would never be able to comply with the narrow interpretation of section 12.

16. As long as the Landlord provided an address for service of documents the requirement of section 12 has been met. The address does not have to be the personal address where the Landlord resides.

17. This reasoning was adopted by the Ontario Divisional Court in N v P, 2016 ONSC 4348 (CanLII). The Court determined that providing the address of the landlord’s lawyer for service of documents met the requirements of section 12 of the Act.

TEL-06500-10-RV (Re), 2010 CanLII 76115 (ON LTB)

Legislation:

Section 12 (1) of the Residential Tenancies Act, 2006 (RTA) states “Every written tenancy agreement entered into on or after June 17, 1998 shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act”.

2. Section 12 (4) of the RTA states “Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be,

(a) the tenant’s obligation to pay rent is suspended; and

(b) the landlord shall not require the tenant to pay rent”.

Determinations/reasons:

1. The parties consented to allow the Tenant’s request for review.

2. The tenancy agreement between the Landlord and the Tenant did not contain the information as required in the legislation as cited above. As cited above if the information has not been provided to the Tenant the Landlord shall not require the Tenant to pay rent. If the Landlord cannot require the Tenant to pay the rent then the Tenant cannot be in arrears of rent. At the time the N4 Notice of Termination was served and at the time the application was filed with the Board and served to the Tenant, the Landlord had not provided the Tenant with the required information. Therefore, there could not have been any arrears of rent at the time the N4 was served.

3. The parties consented to the fact that the money paid into the Board, by the Tenant, shall be paid out to the Landlord despite the fact the application was being dismissed.