O'Connor v Garvey

Landlord wins · Bridgenorth · 2025-07-28

Adjudicator

Sheena Brar

Dispute

Illegal Rent Increase

Notice

Notice to Increase Rent (N1)

Landlord

J.G.

Tenant

B.O.

Landlord rep

C. Francey

What happened

The Tenant applied for a determination that the Landlord collected or retained money illegally, specifically challenging rent increases from 2022 through 2025. The Tenant argued that the Landlord had agreed to waive the 2022 increase, making all subsequent increases invalid. However, the Tenant failed to challenge the 2022 and 2023 increases within the one-year statutory limitation period.

The ruling

The Tenant's application was dismissed. The LTB found that the 2022 and 2023 rent increases were deemed lawful because the Tenant did not challenge them within the one-year limitation period required by the Residential Tenancies Act. As those increases were deemed lawful, the subsequent increases in 2024 and 2025 were also valid.