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Paying Rent Into Board Involves a Special Request Due to Maintenance Concerns
Question: Can a tenant legally withhold rent to prompt a landlord for repairs?
Answer: Withholding rent is unlawful and can lead to negative consequences for tenants; instead, tenants can apply to the Landlord Tenant Board to address maintenance issues and remit rent payments there while awaiting resolution. Prioritise your rights and explore the proper channels to ensure your living conditions are met.
Is a Tenant Allowed to Withhold Rent From a Landlord Until Maintenance or Repair Issues Are Addressed?
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
A tenant with concerns or complaints about the state of repair of a rental unit acts improperly by withholding rent from the landlord. If the tenant wishes to motivate the landlord to address repair issues, then the tenant may initiate proceedings at the Landlord Tenant Board and apply to submit rent to the Landlord Tenant Board rather than the landlord.
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:
14. It is important to note that the Act does not provide any authority to the tenants to withhold rent payments in order to compel specific performance by a landlord. ...
3. As I stated at the hearing, there is no legal justification for withholding rent. If there are lingering maintenance issues, and the Landlord does not address them, the Tenant may apply for relief in a T6 application. ...
3. The Tenant did not pay the rent for February and March because of maintenance issues in the rental unit. The Tenant further stated at the hearing that she did not intend to pay the rent until all maintenance issues are dealt with by the Landlord.
4. I find that there is no provision in the Residential Tenancies Act, 2006 (the 'Act') that allows a tenant to withhold rent because of outstanding maintenance issues. ...
As per the cases above, among others, a tenant wrongfully withholds rent regardless of any failure to maintain allegations against the landlord. However, when a tenant files a Tenant Application About Maintenance (Form T6) in complaint of failure to adequately maintain a rental unit, the tenant may also apply to remit rent that becomes due to the Landlord Tenant Board instead of the landlord. This availability to apply to remit rent to the Landlord Tenant Board instead of the landlord is prescribed at section 195(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, wherein it is stated:
The process of applying to remit rent into the Landlord Tenant Board instead of the landlord, a tenant must commence a proceeding via the Tenant Application About Maintenance (Form T6) process and thereafter a Request to Pay Rent to the Board on a Tenant Application About Maintenance.
Summary Comment
Instead of withholding rent in an effort to pressure a landlord into addressing maintenance issues, a tenant with a legal dispute should apply to the Landlord Tenant Board to remit rent as due into the Landlord Tenant Board rather than to the landlord.