Graham v. H & R Property Management Ltd.

Landlord wins · 2017-03-14

Adjudicator

Sachs J.

Dispute

Rent Increase, Utility Charges

Landlord

H & R Property Management Ltd.

Tenant

B.G., D.R., E.S.C.

Landlord rep

Mark Melchers

Tenant rep

Karen Andrews

What happened

Tenants appealed a Landlord and Tenant Board decision requiring them to pay the landlord for arrears of rent relating to electricity charges. The landlord had increased rent to include electricity costs after installing suite metering, which the tenants argued violated the Residential Tenancies Act.

The ruling

The Divisional Court dismissed the tenants' appeal, finding the Landlord and Tenant Board's decision requiring tenants to pay electricity costs as part of increased rent was reasonable and consistent with the Residential Tenancies Act. The court upheld the validity of the agreements for tenants to pay electricity costs and the landlord's ability to increase rent to include these costs.