Acts and Regulations

R-10.2 - The Residential Tenancies Act

Full text
Increase in rent
Repealed: 2023, c.27, s.11
1997, c.13, s.4; 2023, c.27, s.11
24.5Repealed: 2023, c.27, s.12
1997, c.13, s.4; 2006, c.5, s.20; 2017, c.1, s.1; 2021, c.37, s.4; 2022, c.17, s.6; 2022, c.64, s.1; 2023, c.27, s.12
Increase in rent
1997, c.13, s.4
24.5(1)Despite section 11.1 and subject to section 11.11, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant written 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.
24.5(2.1)A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
24.5(3)A tenant who is served notice under subsection (2) has 60 days after the receipt of the notice to apply in writing to have the notice reviewed by a residential tenancies officer.
24.5(4)If a tenant applies to a residential tenancies officer under subsection (3), 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.
24.5(5)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.
24.5(6)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.
24.5(7)If the residential tenancies officer confirms the notice under subsection (6), 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.
1997, c.13, s.4; 2006, c.5, s.20; 2017, c.1, s.1; 2021, c.37, s.4; 2022, c.17, s.6; 2022, c.64, s.1
Increase in rent
1997, c.13, s.4
24.5(1)Despite section 11.1 and subject to section 11.11, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant written 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 landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(2.1)A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
24.5(3)A tenant who is served notice under subsection (2) has 30 days after the receipt of the notice to apply in writing to have the notice reviewed by a residential tenancies officer.
24.5(4)If a tenant applies to a residential tenancies officer under subsection (3), 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(5)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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(6)The residential tenancies officer shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
1997, c.13, s.4; 2006, c.5, s.20; 2017, c.1, s.1; 2021, c.37, s.4; 2022, c.17, s.6
Increase in rent
1997, c.13, s.4
24.5(1)Notwithstanding section 11.1, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant written 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 landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(2.1)A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
24.5(3)A tenant who is served notice under subsection (2) has 30 days after the receipt of the notice to apply in writing to have the notice reviewed by a residential tenancies officer.
24.5(4)If a tenant applies to a residential tenancies officer under subsection (3), 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(5)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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(6)The residential tenancies officer shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
1997, c.13, s.4; 2006, c.5, s.20; 2017, c.1, s.1; 2021, c.37, s.4
Increase in rent
1997, c.13, s.4
24.5(1)Notwithstanding section 11.1, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant at least three months written notice of the increase,
(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 landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(2.1)A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
24.5(3)A tenant who is served notice under subsection (2) may apply in writing to a residential tenancies officer within fifteen days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
24.5(4)If a tenant applies to a residential tenancies officer under subsection (3), 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(5)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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(6)The residential tenancies officer shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
1997, c.13, s.4; 2006, c.5, s.20; 2017, c.1, s.1
Increase in rent
1997, c.13, s.4
24.5(1)Notwithstanding section 11.1, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant at least three months written notice of the increase,
(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 landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(2.1)A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
24.5(3)A tenant who is served notice under subsection (2) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
24.5(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(5)The rentalsman shall set aside the notice served under subsection (2) if the landlord fails to establish to the satisfaction of the rentalsman
(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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(6)The rentalsman shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective if the landlord establishes to the satisfaction of the rentalsman
(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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
1997, c.13, s.4; 2006, c.5, s.20
Increase in rent
1997, c.13, s.4
24.5(1)Notwithstanding section 11.1, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant at least three months written notice of the increase,
(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 landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(2.1)A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
24.5(3)A tenant who is served notice under subsection (2) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
24.5(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(5)The rentalsman shall set aside the notice served under subsection (2) if the landlord fails to establish to the satisfaction of the rentalsman
(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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(6)The rentalsman shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective if the landlord establishes to the satisfaction of the rentalsman
(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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
1997, c.13, s.4; 2006, c.5, s.20
Increase in rent
1997, c.13, s.4
24.5(1)Notwithstanding section 11.1, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.
24.5(2)A landlord may increase the rent for premises described in section 24.2 if
(a) the landlord serves on the tenant at least three months written notice of the increase,
(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 landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(3)A tenant who is served notice under subsection (2) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
24.5(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman 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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(5)The rentalsman shall set aside the notice served under subsection (2) if the landlord fails to establish to the satisfaction of the rentalsman
(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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
24.5(6)The rentalsman shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective if the landlord establishes to the satisfaction of the rentalsman
(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 landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
1997, c.13, s.4