The Landlord and Tenant Board (LTB) resolves disputes between residential landlords and tenants. Commercial tenancies are resolved via the Commercial Tenancies Act and are not adjudicated within the jurisdiction of the LTB. The LTB also provides information about its practices and procedures and the rights and responsibilities of landlords and tenants under the Residential Tenancies Act (RTA).
As a tribunal, the LTB is timely and cost effective when compared to, for example, courts. Why seek legal counsel? Why would you avoid being self represented? The relevant law — the RTA — is dense and complex legislation, which sometimes challenges common sense and often surprises litigants. YLAW has a long standing reputation as being an honest broker between landlords and tenants because YLAW represents both sides of disputes dependent upon the case at hand. Furthermore, LTB clerks give procedural advice about processing applications and hearings but do not provide legal advice. To not understand that the advice provided by clerks is incomplete is to rely on a flawed understanding of the case. Incomplete advice might as well be bad advice. The law as it pertains to these disputes is not merely a matter of understanding the RTA. A current understanding of relevant case law and of recent decisions factor in. Retaining legal counsel almost invariably avoids mistakes and increases your chance of success.
Landlords seek legal counsel in order to navigate the RTA which, as a remedial law, gives tenants every opportunity to make a tenancy work. Absent due consideration for tenant’s needs and rights will cause many a landlord’s case to fall short when it could have been successful. YLAW understands how the LTB views tenants and this insight can be very helpful to landlords.
Tenants should know their rights when taking on a dispute with their landlord. Sometimes, a misunderstanding can be resolved quickly by informing all the parties of the law, thereby avoiding litigation. YLAW understands that the spirit of the RTA seeks to establish the security of a tenancy for the tenants and can step in to address tenant’s concerns, thereby avoiding disruptive and harmful overreach by an uninformed landlord.