Why Might a Tenant File a T6 Application?

A tenant may file a T6 when they allege that their landlord has failed to meet maintenance or repair obligations.

The application may involve issues concerning the rental unit itself or other parts of the residential complex for which the landlord is responsible.

The tenant is asked to describe the maintenance problem, when it began, whether it is ongoing or has been fixed, who or what may have caused it, and when the landlord was first informed about the problem.

For landlords, that makes the history of the maintenance issue particularly important.

What Should I Do After Receiving a T6?

Start by carefully reviewing the application and identifying each allegation being made.

Consider:

• When did the tenant first report the problem?

• How was the problem reported?

• What did you do after receiving the complaint?

• Was the unit inspected?

• Were contractors or tradespeople contacted?

• Were repairs completed?

• Were there delays outside your control?

• Did you require access to the rental unit?

• Was access provided when requested?

• What documents exist to show what happened?

Don't rely on memory alone. Start gathering the records relating to the alleged maintenance issue as soon as possible.

What Evidence Should a Landlord Keep?

Documentation can be particularly important in a maintenance dispute.

Depending on the allegations, useful evidence may include:

• Maintenance and repair requests

• Work orders

• Contractor invoices and receipts

• Inspection reports

• Photographs and videos

• Emails and text messages with the tenant

• Notices of entry

• Records showing when notices were delivered

• Maintenance logs

• Communications with contractors or property managers

• Municipal inspection records or work orders

• Records showing when repairs were completed

• Evidence of attempts to arrange access to the rental unit

The LTB hearing gives both the tenant and landlord an opportunity to present their side of the dispute.

What If the Tenant Prevented Access for Repairs?

This can be an important factual issue.

If you attempted to inspect or repair the rental unit but were unable to obtain access, preserve the records showing your attempts.

Keep copies of notices of entry, emails, text messages, contractor appointments, cancelled appointments and any other documentation showing what occurred.

A landlord should still ensure that any attempt to enter the rental unit complies with Ontario's rules governing landlord entry.

What Can a Tenant Ask for in a T6 Application?

A T6 can involve significant remedies, so landlords should take the application seriously.

Depending on the circumstances, a tenant can ask the LTB for remedies including a rent abatement, reimbursement for certain property damage or out-of-pocket expenses, orders concerning repairs or replacement work, restrictions on rent increases until certain serious maintenance problems are corrected, termination of the tenancy, and other appropriate orders.

The LTB's current T6 instructions state that the maximum amount it can order based on T6 claims is $50,000.

What If I Already Fixed the Problem?

Don't assume that completing the repair automatically ends the matter.

The LTB's T6 instructions state that where the maintenance problem has been fixed, a tenant may still make the application if it is filed within one year of the date the problem was fixed.

If you've already addressed the issue, evidence showing when you learned about it, what steps you took, and when the work was completed may therefore still be important.

How Should I Prepare for a T6 Hearing?

Preparation should begin well before the hearing.

Review the allegations carefully and organize the evidence relating to each issue. Create a clear chronology showing when the tenant raised the concern, what action was taken, what communications occurred, and when any inspections or repairs were completed.

If contractors, property managers, superintendents or other individuals were involved, determine what records or evidence they may have concerning the allegations.

The objective is to be able to clearly explain your response to each issue and support that response with relevant evidence.

Common Mistakes Landlords Make After Receiving a T6

Landlords sometimes make matters more difficult by:

• Ignoring the application until shortly before the hearing.

• Failing to preserve emails and text messages

• Relying on memory rather than maintenance records

• Failing to document completed repairs

• Losing contractor invoices or work orders

• Failing to preserve evidence of attempted access

• Assuming that fixing the problem means the T6 automatically disappears

• Arriving at the hearing with large amounts of unorganized evidence

A well-organized file can make it much easier to understand and respond to the allegations being made.

Frequently Asked Questions

Can a former tenant file a T6 against me?

Yes. The LTB's T6 instructions state that the application can be made by either a current or former tenant, subject to the applicable requirements and time limits.

Can a tenant file a T6 after I have completed the repairs?

Potentially. If the problem has been fixed, the LTB states that the tenant must apply within one year of the date the problem was fixed.

Can a tenant ask for a rent reduction?

A tenant can request a rent abatement as one of the remedies available on a T6 application. The LTB determines what remedy, if any, is appropriate based on the evidence and circumstances.

Can a T6 result in an order requiring me to complete repairs?

Yes. One of the available remedies is an order requiring the landlord to complete necessary repairs, replacement or other work by a specified date.

Can Cordaie represent me at a T6 hearing?

Yes. Cordaie Paralegal Services represents Ontario landlords in proceedings before the Landlord and Tenant Board, including responding to tenant applications such as T6 maintenance matters.