Note on Expanded Landlord and Tenant Board Jurisdiction

• Author: John Dickie/David Lyman
• Pages: 19-20

xix

As of September 1, 2021, the jurisdiction of the Landlord and Tenant Board was expanded

to include claims by landlords against former tenants who have vacated a rental unit (as

opposed to current tenants who still occupy the unit, even if their right to occupy the

unit has ended). The Board’s jurisdiction was also expanded to include claims by landlords

for utility arrears and for some other forms of damages. Prior to September 1, 2021,

those claims needed to be made in Small Claims Court.

Claims Against Former Tenants

If a landlord wants to enforce a claim against a former tenant who vacated a rental unit

on or after September 1, 2021, the landlord needs to apply to the Board rather than Small

Claims Court. The Board has created a new form, Form L10, for this purpose. Applications

can be made for the following reasons:

• rent arrears;

• compensation for use of the rental unit after a tenancy is terminated;

• compensation for undue damage caused by a former tenant, guest, or occupant;

• compensation for reasonable out-of-pocket expenses incurred due to conduct by

a former tenant or others they are responsible for; or

• compensation for expenses incurred due to a former tenant’s failure to pay

utilities.

More and more, tenancy agreements require tenants to pay for utilities. Until now, if

a tenant failed to pay their utility charges in full, the utility company usually claimed from

the landlord, and the landlord’s recourse was to claim against the tenant or former ten-

ant in Small Claims Court. Now, landlords can no longer claim against former tenants in

Small Claims Court. Instead, landlords are able to apply to the Board to recover compen-

sation for what they have paid the utility company.

The landlord is responsible for serving (i.e., delivering) applications and notices of

hearing naming former tenants. The landlord must also use specified methods of service.

See the new Certificate of Service for serving a former tenant. If unable to serve by an

approved method, the landlord can apply to the Board for approval of alternate means

of service. To protect themselves, landlords need to collect tenants’ email addresses and

follow best practices for seeking the former tenant’s new address.

Note on Expanded Landlord

and Tenant Board Jurisdiction

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