Bhanji v Jayaseelan

Landlord wins · Etobicoke · 2025-08-19

Adjudicator

Robert Brown

Dispute

Illegal Rent Increase

Landlord

T.J.

Tenant

F.B.

Landlord rep

Furaz Alvi

What happened

The Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant alleged that the Landlord raised the rent by $50.00 (from $2,100.00 to $2,150.00) starting September 1, 2022, which exceeded the 1.2% provincial guideline for that year. However, the Tenant had already paid this increased rent for 30 consecutive months before filing the application.

The ruling

The Tenant's application for an illegal rent increase was dismissed. The Board ruled that it did not have jurisdiction to consider the matter because the Tenant waited 30 months before filing the application, whereas the law requires such challenges to be filed within one year of the increase taking effect.