In our original message, we had indicated that the new 12-month lease period only applies to tenants after their first two years. This is incorrect as that part of the Residential Tenancies Act applies to unrelated activities. Please note that any tenant who has not received an increase in the past 12 months will have to follow the recent announcement unless otherwise arranged with your landlord. We apologize for the error.
Some of you in the Minto buildings may have received a Notice of Rent Increase N1 specifying an earlier rent increase date and lease anniversary date than expected. The 2021 provincial rent freeze has created a situation which allows landlords to take advantage of a strict interpretation of the Residential Tenancies Act.
Just to be sure, we at the HPTA have reviewed the Act, conferred with other tenant associations, and received an opinion from our lawyers. All indicate that the Act does permit the landlord to accelerate rent increases and lease expiration dates in situations provided:
The landlord has provided you with your Notice of Rent Increase N1 at least 90 days prior to the new rent increase and lease anniversary date,
You haven't had a rent increase for at least 12 months, and
You are on a month-to-month tenancy (the usual situation) rather than on a 12-month fixed-term tenancy.
Also, please keep in mind that, although your Notice of Rent Increase N1 may indicate a rent increase in excess of 1.20%, you are not obligated to pay more than the 2022 Rent Increase Guideline amount of 1.20% until you receive a Rent Order from the Landlord and Tenant Board indicating approval of a higher amount.
