Failure by landlord to comply with landlord’s obligations
6(1)Where a landlord fails to comply with his obligations under this Act or the terms of the tenancy agreement, a tenant may serve on the landlord a notice stating the complaint.
6(1.1)A notice referred to in subsection (1)
(b)
shall state the address of the demised premises to which the notice relates, and
(c)
shall be dated and signed by the tenant.
6(2)Where a landlord on whom a notice under subsection (1) is served fails to comply with his obligations within the time prescribed by regulation the tenant may so advise a residential tenancies officer by notice in writing, dated and signed by the tenant, and shall include a copy of the notice served on the landlord under subsection (1).
6(2.1)Where the failure of the landlord to comply with his obligations results in an emergency, the tenant may so inform a residential tenancies officer.
6(3)If a residential tenancies officer receives a notice under subsection (2) or is informed under subsection (2.1), the residential tenancies officer may conduct an investigation and inspect the premises and after conducting an investigation or inspecting the premises or both may, subject to subsections (6.4) and (8), require the landlord to comply with the landlords’s obligations within the time established by the residential tenancies officer.
6(4)Where a landlord refuses to comply with his obligations or fails to comply to the satisfaction of the residential tenancies officer within the time established by the residential tenancies officer as required under subsection (3), the residential tenancies officer may perform the obligations of the landlord.
6(4.1)Despite subsection (3), in the case of an emergency, a residential tenancies officer may perform the obligations of a landlord if
(a)
the residential tenancies officer has received a notice under subsection (2) or is informed under subsection (2.1),
(b)
the residential tenancies officer has conducted an investigation under subsection (3), and
(c)
the landlord cannot be reached by the residential tenancies officer to advise him or her of the breach of obligation and of the emergency.
6(4.2)Where the residential tenancies officer performs the obligations of the landlord under subsection (4) or (4.1), the landlord is liable to the residential tenancies officer for the cost of performance of the obligations.
6(5)The residential tenancies officer may, either before or after he or she performs the obligations under subsection (4) or (4.1), require a tenant of the building in relation to which the obligations are or will be performed to make the tenant’s rental payments to the residential tenancies officer and so advise the landlord by notice.
6(6)From the amounts received under subsection (5), the residential tenancies officer shall pay the cost of performance of the obligations and forward the balance to the landlord, accounting for his or her expenditures.
6(6.1)For the purposes of this section “cost of performance of the obligations” includes interest thereon at the rate prescribed by regulation.
6(6.2)A tenant who has advised a residential tenancies officer by notice under subsection (2) of a landlord’s failure to comply with the landlord’s obligations under this Act or who has informed a residential tenancies officer under subsection (2.1) with respect to such a failure to comply may apply to the residential tenancies officer to terminate the tenancy.
6(6.3)An application by a tenant under subsection (6.2) shall be made
(a)
by applying to the residential tenancies officer on a form provided by the residential tenancies officer, and
(b)
by serving a copy of the application on the landlord.
6(6.4)Subject to subsection (6.6), where a residential tenancies officer has conducted an investigation under subsection (3) and a tenant has applied to the residential tenancies officer under subsection (6.2), the residential tenancies officer may serve on the landlord and the tenant a notice of termination of the tenancy if the residential tenancies officer is satisfied that the landlord has failed to comply with the landlord’s obligations under this Act and that the landlord is not willing to comply with the obligations or is not financially capable of doing so.
6(6.5)A notice of termination served under subsection (6.4) terminates the tenancy on the day specified in the notice.
6(6.6)Where the residential tenancies officer has established under subsection (3) a time within which the landlord must comply with the landlord’s obligations under this Act with respect to a tenancy, the residential tenancies officer shall not serve a notice of termination of the tenancy under subsection (6.4) until after the expiry of that time.
6(6.7)Where a residential tenancies officer serves a notice of termination under subsection (6.4), the residential tenancies officer may order the landlord to pay a specified sum to the tenant
(a)
as compensation for any reasonable expenses, not exceeding the rent payable for one month’s occupation of the premises, that the tenant has incurred or will incur as a result of the landlord’s failure to comply with the landlord’s obligations under this Act, and
(b)
in reimbursement for rent, not exceeding the rent payable for one month’s occupation of the premises, that was paid by the tenant for the right to possess the premises during a period in which the premises were uninhabitable, if in the opinion of the residential tenancies officer the premises were rendered uninhabitable as a result of the landlord’s failure to comply with the landlord’s obligations under this Act.
6(6.8)Where a tenancy is terminated by a notice of termination served under subsection (6.4), the landlord is not entitled to compensation or damages in relation to rent that would have become due and payable if the tenancy had not been terminated, and no action or other proceeding lies against the tenant for any loss suffered as result of the termination of the tenancy.
6(7)Repealed: 1983, c.82, s.3
6(8)Repealed: 2023, c.27, s.3 1983, c.82, s.3; 2006, c.5, s.4; 2017, c.1, s.1; 2017, c.59, s.2; 2023, c.27, s.3