Rent increase
11.1(1)Repealed: 2023, c.27, s.6
11.1(2)Subject to section 11.11 and to any other Act, when a tenancy is for a fixed term or runs from year to year, month to month or week to week, the landlord shall not increase the rent unless
(a)
the landlord serves on the tenant notice of the increase which is not less than the notice period prescribed by regulation,
(b)
the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and
(c)
the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
11.1(2.01)Except when a landlord and tenant have agreed in writing otherwise, a landlord referred to in subsection (2) shall not increase the rent
(a)
in the first consecutive 12-month period of a tenancy agreement,
(b)
more than once in any other consecutive 12-month period of a tenancy agreement, and
(c)
if, under paragraph (2.06)(c), the residential tenancies officer has spread an increase in rent over a period, in that period.
11.1(2.02)A tenant who is served notice under subsection (2) may apply in writing to a residential tenancies officer within 60 days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
11.1(2.03)If a tenant applies to a residential tenancies officer under subsection (2.02), the residential tenancies officer shall review the notice and shall ask the landlord to establish
(a)
that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and
(b)
that the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
11.1(2.04)The residential tenancies officer shall set aside the notice served under subsection (2) if the landlord fails to establish to the satisfaction of the residential tenancies officer
(a)
that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and
(b)
that the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
11.1(2.05)The residential tenancies officer shall confirm the notice served under subsection (2) if the landlord establishes to the satisfaction of the residential tenancies officer
(a)
that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and
(b)
that the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
11.1(2.06)If the residential tenancies officer confirms the notice under subsection (2.05), the officer may
(a)
confirm the date set out in the notice as the date the increase in rent is effective,
(b)
change the date the increase in rent is effective, or
(c)
if the increase in rent meets the criteria prescribed by regulation, spread the increase in rent over the period and in the manner determined in accordance with the regulations.
11.1(2.1)The notice referred to in subsection (2)
(b)
shall be contained in a separate document,
(c)
shall set out the name of the tenant,
(d)
shall state the address of the demised premises to which the notice relates,
(e)
shall state the current amount of rent payable and the amount of rent payable after the increase in rent and state the date that increase is to take effect, and
(f)
shall be dated and signed by the landlord or an agent or representative of the landlord.
11.1(3)Where a tenant receives a notice under subsection (2), the tenant may elect to treat the notice as a notice of termination of the tenancy to be effective on the day immediately preceding the day on which the increase in rent is to take effect, and where the tenant elects to treat the notice as a notice of termination, he shall give notice to the landlord
(a)
in the case of a fixed term tenancy, or of a year to year or month to month tenancy, at least one month,
(b)
in the case of a week to week tenancy, at least one week,
before the day immediately preceding the day on which the increase in rent is to take effect.
11.1(3.1)A notice under subsection (3)
(b)
shall state the address of the demised premises to which the notice relates, and
(c)
shall be dated and signed by the tenant.
1983, c.82, s.8; 1985, c.36, s.5; 2006, c.5, s.10; 2021, c.37, s.1; 2022, c.17, s.1; 2022, c.64, s.1; 2023, c.27, s.6