The appellant landlords appealed a Landlord and Tenant Board decision awarding the respondent tenant $1,252 for excess rent and filing costs.
The appellants argued that the tenant was deemed to have accepted the rent increases under s. 118 of the Residential Tenancies Act and that the increases were deemed lawful under s. 136 because more than a year had passed.
The Divisional Court dismissed the appeal, finding that the rent increases were void because the landlords failed to provide the required statutory notice under s. 116, rendering both s. 118 and s. 136 inapplicable.
