Conclusion

• Author: John Dickie/David Lyman
• Pages: 269-270

269

20

Conclusion

Working in the area of residential tenancies in Ontario is a constant challenge. The

steps you take have a significant impact on people’s lives. The law changes fre-

quently, and you must stay abreast of all the changes, large and small.

Often an eviction application results in the tenant being given another chance by

the landlord or the Landlord and Tenant Board. In these situations, the disputes

involve parties who must learn to get along in an ongoing relationship, sometimes

living in the same building.

The Residential Tenancies Act, 20061 encourages landlords and tenants to try to

understand each other’s needs and interests and to work out resolutions of their

conflicts. This might be the case where a tenant is seeking a new or additional

service (perhaps a washer – dryer in the unit) or the landlord is seeking to recover

money spent in restoring or improving an aging building. Under the RTA, landlords

and tenants are free to enter into certain agreements that suit their needs. When-

ever you are negotiating or mediating, put yourself in the position of the opposing

parties and ask yourself: if you were in their shoes, what would be a reasonable

outcome?

We encourage you to become familiar with the mediation and voluntary agree-

ment opportunities available under the RTA. These can often lead to a win – win

result.

Under the RTA, tenants are protected from landlords’ attempts to impose addi-

tional charges or higher rents illegally. Once a tenancy has commenced, the tenant

is protected and can enforce their rights relatively quickly through an application to

the Board.

Similarly, landlords are protected from tenants who try to take advantage of

them. Tenants cannot transfer possession of a rental unit to strangers. Landlords

can apply to remove strangers quickly or to require them to enter into new tenancy

agreements if the landlord agrees to accept them as tenants.

We would like to offer a word of advice to those of you who are embarking upon

a path that will bring you into frequent contact with those in the landlord – tenant

field: be mindful that in everything you do, your reputation precedes you. As a repre-

sentative of a party involved in a Board proceeding or negotiation, your most valuable

asset is your integrity. Once you have earned a reputation as a knowledgeable,

1 SO 2006, c 17 [RTA].

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