LAST MONTH INTEREST PAYMENT
NOTICE FOR 111 LAWTON BLVD.
Your interest payment based on last month's deposit is now available in your account. If you have lived in your unit since 2012, you may qualify for a 6.65% rent reduction. To receive this, you must proactively apply to Akelius Canada Ltd., as they will not send out reminders. The reduction begins on your move-in anniversary. Please refer to your Landlord and Tenant Board order for more information, ORDER TSL-49237-14
Akelius Canada Ltd. has no legal responsibility
to notify tenants of an AGI reduction:
I have
reviewed the current Ontario legislation and Landlord and Tenant Board (LTB)
requirements regarding Above Guideline Increases (AGIs).
The
short answer is: No. Under the current Residential Tenancies Act (RTA), a landlord is not legally required to send a new "reminder"
notice to tenants when an AGI expires. However, they are legally obligated to automatically reduce the rent on the date specified in
the original LTB Order.
Here is the detailed breakdown of the legal responsibilities for
multi-residential companies in Ontario:
1. The
Original LTB Order is the "Notice"
When
an AGI for capital expenditures is approved, the LTB issues a formal Order. By
law (RTA Section 129), this Order must include:
- The specific percentage of the
increase attributed to the capital work.
- The exact date on which that
portion of the rent increase must be removed (the end of the
"weighted useful life" of the repair).
Because
the landlord is required to provide a copy of this Order to affected tenants at
the time it is issued, the law considers the tenant to have been
"informed" of the future reduction date at the outset.
2. The
Failed "1.5x Penalty" Legislation (Bill 82)
In
late 2025, there was a legislative push (Bill 82, 2025) to
force landlords to provide a secondary notice to tenants when the reduction
date approached. The bill proposed that:
- Landlords must notify tenants of
the upcoming reduction.
- Failure to do so would require
the landlord to reimburse 1.5 times any
overpayment.
Status: This
bill was ruled out of order and did not become law.
Consequently, the "responsibility to inform" remains tied solely to
the initial LTB Order, and no reminder is required in 2026.
3.
Automatic vs. Manual Reductions
While
the company doesn't have to remind you, they must stop charging the extra amount.
- The Landlord's Duty: Under Section
129, the landlord "shall" reduce the rent on the specified date.
If a multi-residential company's accounting system fails to trigger this
reduction, they are in breach of the Act.
- The Tenant's Remedy: If the company
continues to collect the higher rent, you can file a Form T1 (Tenant Application for a Rebate of Money the
Landlord Owes). You have 12 months from
the date of the first overpayment to file this claim.
4.
Common Point of Confusion: Property Tax Reductions
It is
important to distinguish AGI expirations from Automatic Rent Reductions due
to Property Tax decreases.
- If a municipality decreases
property taxes by more than 2.49%, the
municipality sends a notice to the landlord and the
tenants.
- In this specific case, the
landlord is required to provide a notice if they choose to
challenge the reduction; otherwise, the reduction is automatic. This is
often why tenants believe a "notice" is required for all types
of rent decreases.
Summary
Table: AGI Expiration Responsibilities
|
Action |
Requirement |
|
Send
a reminder notice of expiration |
No |
|
Provide
a copy of the original LTB Order |
Yes (at
the time of the hearing/order) |
|
Automatically
reduce rent on the expiry date |
Yes |
|
Reimburse
overpayments if missed |
Yes
(via Form T1) |
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