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August 18, 2022, 01:30:43 am

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Common Tenant Problems - Above Guideline Rent Increases...

This section is for discussing Above Guideline Rent Increases (AGIs).

Above Guideline Rent Increases are a legal process by which landlords can apply to the Landlord and Tenant Board to increase the rent more than the legislated annual rent increase amount.

If you or someone you know is facing an Above Guideline Rent Increase then we strongly suggest that you read this document: So You Just Received your first Above Guideline Rent Increase; this short document explains everything you need to know to get up to speed.

Above Guideline Rent Increases are a complicated subject; for more information see our Quick Guide to Above Guideline Rent Increases

Author Topic: Above Guideline Rent Increases  (Read 713 times)

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Phil

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Above Guideline Rent Increases
« on: April 26, 2022, 08:38:49 pm »
Last year Akelius applied for a 3% Above Guideline Rent Increase for 16 St. Joseph Street. Exterior
brick repair. Because the Tribunal are so far behind a hearing date has yet to be established. This
week Akelius has sent our tenants registered letters with N1 notices that add that 3% AGI to the
provincial 1.2% annual guideline and are listing a rent increase of 4.2%. Our Tenants' Association
support only paying the 1.2% increase until a judgement has been issued. We are, however, surprised
that Akelius can so freely use these scare tactics. How should we proceed? Is there an agency we can
alert to this behaviour? Thanks!

William

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Re: Above Guideline Rent Increases
« Reply #1 on: April 30, 2022, 03:23:24 pm »

Hi Phil,

You are obliged to pay the annual Guideline rent increase amount (1.2%), but you do not have to pay any of the "above" the guideline portion of the rent increase until you have the hearing at the Landlord and Tenant Board (LTB), and the final amount of the above guideline rent increase is decided.

Just FYI, this is covred in Quesiton 15 of the "So You Just Received your first Above Guideline Rent Increase" guide, which you can find a link to here:

   https://www.torontorentersforum.com/index.php?action=tportal;sa=download;dl=get5

Also, just so you know, on your N1 ("Notice of Rent Increase") form, your landlord is only obliged to inform you of 3% of the increase that they are applying for.  Once you go to the hearing you may find that they are actually asking for more than 3%.  (Above Guideline Rent Increases are limited to 3% per year, but if your landlord can justify, for example, a 9% above guideline rent increase, and if they win their case at the LTB, then you and your neighbours could be facing 3% for upto three consequtive years (i.e., in 3% in 2022, 3% in 2023, and 3% in 2024).  And unfortunately this misrepresentation is legal, so there is nobody to complain to about it.

You and your neighbours should ask your landlord for a copy of the landlord's "application" (also called the "Landlord's Supporting Documentation"), so you can see exactly what expenses (and how much $$) your landlord is actually asking for, and so you can start preparing to defend yoursleves at the LTB.

This website (Toronto Renters Forum) has more information about Above Guideline Rent Increases, here:

   https://www.torontorentersforum.com/index.php?page=agis

- William

sparrow01

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Re: Above Guideline Rent Increases
« Reply #2 on: May 27, 2022, 05:42:31 pm »
I feel your plight and thank you for posting the article, it was very helpful.
Similarly, we were served with an AGI application in November 2018 to the tune of 7.11% with N1's for 2019 & then 2020 for 3% each year stating we could pay the higher rent amount in order to avoid paying a lumpsum later. In 2021 we were seeved with the final N1 for 1.1% because if you've been served with an AGI application, the rent freeze of 2021 didn't apply.
So we eventually went to a hearing and was able to get the amount dropped to 6.75% from 7.11% due to a number of inconsistencies in their documents.
When the order was served we were surprised to we they want arrears over the 3 yrs and my rent went up moving forward by 6.75%. We had clarified in the hearing that the increase only applies to the 3 years and it wasn't an attempt to close the gap on market rent. I was prepared to pay my portion and lump sum but was surprised I was slammed with an ongoing amount.
Does anyone have experience in interpreting an AGI order and how it is applied after it is served?

TheDonway

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Re: Above Guideline Rent Increases
« Reply #3 on: June 01, 2022, 09:52:59 am »
I am a tenant who represented myself as the tenant association did not provide clear guidance and support.

The Virtual hearing was last Monday. I asked to reschedule as I was not given disclosure of documents from communications between landlord and tenant association.

The lawyer for the tenant association said they and the landlord are having a private meeting and I am not allowed to participate.


After 4 hours or more on hold the vice chair talks to me and says they have made a decision do you consent.
I

I have until June 14 to accept or I will have to pay cost.

Am I not entitled to disclosure so I can make an informed decision.

I asked for accommodation to help me with my disability.

I feel that I am a useless eater to them

My voice was snuffed

What can I do.

William

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Re: Above Guideline Rent Increases
« Reply #4 on: June 06, 2022, 06:17:17 pm »
I am a tenant who represented myself as the tenant association did not provide clear guidance and support.

[...]

After 4 hours or more on hold the vice chair talks to me and says they have made a decision do you consent.

I have until June 14 to accept or I will have to pay cost.

Am I not entitled to disclosure so I can make an informed decision.

Sorry, I just want to be clear, you mean you have the option of accepting the arrangements made by your tenants' associaiton, or rejecting it, but they haven't told you what those arrangements are?

That doesn't sound fair.

Have you tried reaching out to the members of your tenants' association or their lawyer to find out the details?


TheDonway

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Re: Above Guideline Rent Increases
« Reply #5 on: June 11, 2022, 10:49:26 am »
Here is what the Member endorsement says

The applicant was heard on May 30, 2022. All the Tenants in attendance, except for me (hereinafter referred to the "Tenant"), consented to an order limiting the above guideline increase in rent.

The issuance of the order is delayed for the purpose of giving the Tenant time to consider whether to consent to the order. On or before June 14, 2022, the Tenant shall consent in writing to the order as outlined at the hearing or provide written submissions outlining his objections to the Landlord`s applicaition.

Still nothing in writing as to what was agreed upon.

William

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Re: Above Guideline Rent Increases
« Reply #6 on: June 13, 2022, 10:03:32 am »
Here is what the Member endorsement says

The applicant was heard on May 30, 2022. All the Tenants in attendance, except for me (hereinafter referred to the "Tenant"), consented to an order limiting the above guideline increase in rent.

The issuance of the order is delayed for the purpose of giving the Tenant time to consider whether to consent to the order. On or before June 14, 2022, the Tenant shall consent in writing to the order as outlined at the hearing or provide written submissions outlining his objections to the Landlord`s applicaition.

Still nothing in writing as to what was agreed upon.


This is a tricky situation – You need to speak to someone with more experience, who knows about this stuff.

I would strongly recommend speaking to a lawyer or paralegal.  If you don't already have access to one, then use the Law Society of Ontario's Lawyer Referral Service – you'll get a free session (usually on the phone) with a knowledgable lawyer or paragal who can provide you with actual legal advice.  This link provides information about the referral service:  https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service, and here's a link to the sign-up page: https://lsrs.lso.ca/lsrs/welcome.

You should also telephone the FMTA Tenant Hotline at 416-921-9494.  These people are terrific, and experienced, and will know what you should do.

Also ACTO provides free legal advice to tenants, contact them here: https://tdc.acto.ca.  These are the people who provide free "Tenant Legal Councel" lawyers at LTB offices throughout the province.  Again, they are knowledgable, experienced, and free.

... and finally, keep us posted – we would all like to know what can be done in this situation.


 

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