Paying Rent Into Board Involves a Special Request Due to Maintenance Concerns

Question: Can a tenant legally withhold rent to force a landlord to make repairs?

Answer:   No,  tenants cannot legally withhold rent as a method to compel landlords to address maintenance issues.  Rather than withholding rent, tenants can file a Tenant Application About Maintenance (Form T6) with the Landlord Tenant Board and request to remit their rent payments to the Board while waiting for a resolution.  Freed Legal Services LLP can assist tenants with navigating this process to ensure their rights are protected.

Is a Tenant Allowed to Hold Rent Back From a Landlord Until Maintenance or Repair Issues Are Addressed By the Landlord?

A Tenant That Withholds Rent From a Landlord Does so Unlawfully. If a Tenant Has Unaddressed Maintenance Complaints, Then the Tenant Should Apply to Pay the Rent As Due Into the Landlord Tenant Board.

Understanding That Withholding Rent From a Landlord Requires Payment of Rent Into the Landlord Tenant Board

A tenant with concerns or complaints about the state of repair of a rental unit acts improperly by withholding rent from the landlord. If the tenant wishes to motivate the landlord to address repair issues, then the tenant may initiate proceedings at the Landlord Tenant Board and apply to submit rent to the Landlord Tenant Board rather than the landlord.

The Law

A tenant that withholds rent as a means to urge the landlord to make repairs or otherwise remedy perceived maintenance concerns does so improperly and unlawfully.  Instead of withholding rent, upon submitting a Tenant Application About Maintenance (Form T6) to the Landlord Tenant Board, the tenant may apply to the Landlord Tenant Board to submit rent payments to the Landlord Tenant Board rather than the landlord.

The cases of Haran v Westover, 2021 CanLII 101368, O.C. v. J.M., 2018 CanLII 86120, D.P.J. v. A.C., 2011 CanLII 26905, among others, address the impropriety of the withholding of rent by a tenant.  Specifically, per Haran, O.C., and D.P.J., the Landlord Tenant Board said:

As shown by the above cases, among many others, a tenant is without a right to withhold rent regardless of concerns for failure of maintenance by a landlord.  With this said, rather than improperly withholding rent from the landlord, when a tenant files a Tenant Application About Maintenance (Form T6), a tenant may apply to provide rent payments to the Landlord Tenant Board.  A tenant may apply to pay rent into the Landlord Tenant Board as per section 195(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, which states:

The process of applying to remit rent into the Landlord Tenant Board instead of the landlord, a tenant must commence a proceeding via the Tenant Application About Maintenance (Form T6) process and thereafter a Request to Pay Rent to the Board on a Tenant Application About Maintenance.

Summary Comment

A tenant with a legal dispute over issues of maintenance is forbidden to withhold held as a means to urge the landlord to address the maintenance issues.  Instead, a tenant may apply to the Landlord Tenant Board to make rent payments to the Landlord Tenant Board.