Paying Rent Into Board

Question: Can a tenant in Ontario legally withhold rent to pressure a landlord to make repairs or maintenance changes?

Answer: A tenant in Ontario can’t lawfully withhold due rent just to urge a landlord to fix maintenance issues, and doing so can create serious consequences for the tenant; instead, a tenant should file a Tenant Application About Maintenance (Form T6) with the Landlord and Tenant Board and, if appropriate, ask the Board to permit rent to be paid into the Board while the dispute is resolved under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 195(1)(b).   A licensed paralegal at Anderson Aylwin Begg & Co. can help you understand your options, prepare the right T6 materials, and reduce delays so you can take the proper next step through the Landlord and Tenant Board, in line with what the Board has said in cases like Haran v. Westover, 2021 CanLII 101368.   To discuss your situation, call (905) 686-8080 for assistance.

Can a Tenant Legally Withhold Rent As Means to Urge Repairs or Maintenance By a Landlord?

A Tenant Is Forbidden From Holding Back Rent Despite a Dispute Over Maintenance or Repairs With the Landlord. Instead, a Tenant May Apply to the Landlord Tenant Board For Permission to Make Rent Payments to the Landlord Tenant Board.

Understanding That Withholding Rent From a Landlord Requires Payment of Rent Into the Landlord Tenant Board

If a tenant has issues with the state of repair of the rental unit, the tenant should refrain from withholding rent from the landlord. Instead, the tenant should initiate proceedings at the Landlord Tenant Board and apply to pay the rent to the Landlord Tenant Board as a proper means to motivate the landlord to address the repair issues as complained of by the tenant.

The Law

A tenant that withholds rent as a means to urge the landlord to make repairs or otherwise remedy perceived maintenance concerns does so improperly and unlawfully.  Instead of withholding rent, upon submitting a Tenant Application About Maintenance (Form T6) to the Landlord Tenant Board, the tenant may apply to the Landlord Tenant Board to submit rent payments to the Landlord Tenant Board rather than the landlord.

The cases of Haran v Westover, 2021 CanLII 101368, O.C. v. J.M., 2018 CanLII 86120, D.P.J. v. A.C., 2011 CanLII 26905, among others, address the impropriety of the withholding of rent by a tenant.  Specifically, per Haran, O.C., and D.P.J., the Landlord Tenant Board said:

As shown by the above cases, among many others, a tenant is without a right to withhold rent regardless of concerns for failure of maintenance by a landlord.  With this said, rather than improperly withholding rent from the landlord, when a tenant files a Tenant Application About Maintenance (Form T6), a tenant may apply to provide rent payments to the Landlord Tenant Board.  A tenant may apply to pay rent into the Landlord Tenant Board as per section 195(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, which states:

To apply to provide rent payments to the Landlord Tenant Board, a tenant must first file the Tenant Application About Maintenance (Form T6) and then a tenant may file the Request to Pay Rent to the Board on a Tenant Application About Maintenance.

Summary Comment

A tenant with a legal dispute over issues of maintenance is forbidden to withhold held as a means to urge the landlord to address the maintenance issues.  Instead, a tenant may apply to the Landlord Tenant Board to make rent payments to the Landlord Tenant Board.