As a landlord, few things are more frustrating than having your LTB application dismissed after investing time, money, and emotional energy into the process. Yet thousands of landlord applications fail each year at the Landlord and Tenant Board, often for preventable reasons. This comprehensive analysis of real LTB cases reveals the most common mistakes that cause landlords to lose—and more importantly, how to avoid them.
The Reality of Landlord Success Rates
While the LTB doesn't publish comprehensive statistics, case law analysis reveals that landlord applications fail at surprisingly high rates, particularly for certain types of applications. Understanding why applications fail is crucial for protecting your investment and achieving successful outcomes.
Reason #1: Failing to Meet the Burden of Proof
The Problem: The most common reason landlord applications fail is insufficient evidence to meet the legal burden of proof.
Case Study: Insufficient Evidence for Damage Claims
In boutziouvis-v-quartz-belisle-haining, a landlord's damage claim was dismissed because "the evidence provided was insufficient to meet the burden of proof." The landlord failed to provide adequate documentation of the damages claimed.
Similarly, in company-v-j-2019-07-08, a landlord's application for damage compensation was dismissed due to "insufficient evidence to establish that the Tenant, an occupant, or a guest willfully or negligently damaged the floor tiles." The landlord failed to provide:
- Move-in inspection reports
- Photographs of the damage
- Evidence to refute the tenant's claim of pre-existing damage
How to Avoid This Mistake:
Document Everything from Day One:
- Conduct thorough move-in inspections with photos
- Maintain detailed records of all communications
- Keep receipts for all repairs and improvements
- Take dated photographs of any issues as they arise
Build Your Evidence File:
- Collect witness statements from reliable sources
- Obtain professional assessments when needed
- Preserve original documents and communications
- Create chronological timelines of events
Reason #2: Relying on Hearsay Evidence
The Problem: Many landlords lose because they rely on second-hand information rather than direct evidence.
Case Study: Hearsay Evidence Failures
In hughes-v-pinder, a landlord's application was dismissed because "the hearsay evidence presented was insufficient to meet the Landlord's burden of proof on a balance of probabilities." The landlord "received phone calls from other tenants about the Tenant's alleged behavior, but did not witness the incidents personally and provided no direct evidence."
The case of east-briar-towers-limited-v-pamarang shows similar issues: "The evidence presented was insufficient to substantiate the allegations of substantial interference" because the landlord relied primarily on complaint emails from other tenants.
How to Avoid This Mistake:
Gather Direct Evidence:
- Witness the incidents yourself when possible
- Bring complaining tenants to testify at hearings
- Use security cameras or audio recordings (where legal)
- Document your own observations in real-time
Prepare Your Witnesses:
- Ensure witnesses can attend the hearing
- Brief them on what to expect
- Have them provide written statements in advance
- Confirm their availability well before the hearing date
Reason #3: Procedural Failures and Non-Compliance
The Problem: Technical procedural errors can doom even strong cases.
Case Study: Service and Documentation Failures
In higgins-v-wiznuk, a landlord's application was dismissed because they "failed to prove that a valid N4 notice was served to the Tenant before filing the application." The landlord "failed to provide direct evidence of N4 notice service, relying instead on hearsay and a certificate of service without testimony from the person who allegedly served the notice."
The case of pasquino-v-rajan shows another procedural failure: "The Landlord's application for a rent increase above the guideline was dismissed due to the Landlord's failure to respond to the Deficiency Letter and provide the required Certificate of Service."
How to Avoid This Mistake:
Master the Procedural Requirements:
- Understand all notice requirements for your application type
- Ensure proper service of all notices and documents
- Respond promptly to all LTB communications
- File all required supporting documents
Create a Compliance Checklist:
- Review LTB rules and forms carefully
- Double-check all dates and deadlines
- Maintain proof of service for all notices
- Keep copies of all filed documents
Reason #4: Failing to Attend Hearings
The Problem: Non-attendance at hearings results in automatic dismissal.
Case Study: Abandoned Applications
In mcri-v-db-2016-canlii-52847, a landlord's application was "dismissed as abandoned when the Landlord failed to appear at the hearing." The landlord had "double-booked hearings in Whitby and Toronto East on the same morning" and arrived hours late.
How to Avoid This Mistake:
Prioritize Hearing Attendance:
- Mark hearing dates in multiple calendars
- Arrange backup representation if needed
- Arrive early to allow for unexpected delays
- Notify the LTB immediately if emergencies arise
Professional Representation:
- Consider hiring a paralegal for complex cases
- Ensure your representative is available on hearing dates
- Provide all necessary documents to your representative in advance
Reason #5: Insufficient Evidence for Personal Use (N12) Applications
The Problem: N12 applications fail when landlords can't prove genuine intention for personal use.
Case Study: Failed Good Faith Requirements
In lwh-i-v-mk-2015-tsl-64115-15, a landlord's N13 application was dismissed because they "failed to prove good faith intention to convert the unit to non-residential use." The "Landlord's president failed to attend the hearing, limiting the Board's ability to assess the good faith requirement."
Similarly, in mahbub-adem-v-amanda-michelle-smith, the landlord's application was dismissed because "the landlord failed to testify at the hearing about their true intentions for the rental unit, and the Board drew an adverse inference from this failure to provide direct evidence."
How to Avoid This Mistake:
Prove Genuine Intention:
- Attend the hearing personally to testify
- Provide detailed evidence of your plans
- Show concrete steps taken toward occupancy
- Demonstrate financial necessity or family circumstances
Document Your Intentions:
- Keep records of house-hunting activities
- Maintain correspondence about moving plans
- Provide evidence of job transfers or family needs
- Show you've given proper compensation
Reason #6: Inadequate Investigation and Preparation
The Problem: Landlords lose when they fail to properly investigate claims before filing applications.
Case Study: Failure to Investigate
In eplco-realty-group-ltd-v-vuletic, the landlord's application was dismissed because the "Landlord failed to investigate source of marijuana smoke and excessive noise." The landlord made assumptions without proper investigation.
How to Avoid This Mistake:
Conduct Thorough Investigations:
- Investigate all complaints before taking action
- Interview multiple witnesses
- Document your investigation process
- Consider alternative explanations for problems
Verify Information:
- Confirm details with multiple sources
- Check facts before filing applications
- Review all evidence for consistency
- Ensure allegations are specific and detailed
Reason #7: Failing to Prove Persistent Late Payment
The Problem: N8 applications for persistent late payment often fail due to inadequate record-keeping.
Case Study: Inconsistent Records
In hamelin-v-hiller, the landlord's N8 application was dismissed because "the Landlords' records contained inconsistencies, and it was unclear whether the rent was actually paid late or prepaid." The "evidence presented did not meet the burden of proof required to establish persistent late payment."
How to Avoid This Mistake:
Maintain Accurate Records:
- Use consistent rent collection methods
- Document exact payment dates and amounts
- Keep detailed rent ledgers
- Note any payment arrangements or modifications
Clear Payment Policies:
- Establish clear rent due dates
- Communicate payment expectations in writing
- Document any agreed-upon payment schedules
- Avoid accepting partial or late payments without documentation
Reason #8: Insufficient Evidence for Substantial Interference Claims
The Problem: N5 applications for substantial interference fail when evidence doesn't meet the legal threshold.
Case Study: Insufficient Interference Evidence
In az-v-mbs, the landlord's application was dismissed because they "failed to establish grounds to terminate the tenancy for any of the six reasons set out in the N5 notice." The Board found:
- No proof the tenant's dog damaged property
- Repairs were completed before the notice was served
- No evidence of fire hazards or pest issues
- Incidents didn't occur on the premises
How to Avoid This Mistake:
Meet the Legal Threshold:
- Understand that substantial interference requires more than minor annoyances
- Document patterns of behavior, not isolated incidents
- Show impact on other tenants or your rights as landlord
- Gather evidence from multiple affected parties
Timing Matters:
- Don't serve notices after problems are resolved
- Document ongoing issues, not past resolved matters
- Show current interference with reasonable enjoyment
Reason #9: Compensation and Payment Errors
The Problem: N12 applications fail when required compensation isn't properly paid.
Case Study: Compensation Failures
In serson-v-lawrence, the landlord's application was dismissed because they "failed to pay the required compensation directly to the Tenant, instead sending it to ODSP." The law requires compensation to be paid directly to the tenant, not to third parties.
How to Avoid This Mistake:
Understand Compensation Requirements:
- Pay compensation directly to tenants
- Provide compensation before the termination date
- Keep proof of payment
- Don't assume third-party payments satisfy requirements
Follow Payment Rules:
- Use proper payment methods
- Obtain receipts for all payments
- Document the timing of compensation
- Ensure payments meet legal requirements
Reason #10: Inadequate Legal Understanding
The Problem: Landlords lose when they misunderstand legal requirements or use wrong notice types.
Case Study: Wrong Legal Approach
In azimi-v-bello, the landlord's application was dismissed because they "failed to provide a signed agreement to terminate the tenancy as required by Section 53.4 of O. Reg 516/06." The landlord tried to use an unsigned N11 form as evidence of an agreement.
How to Avoid This Mistake:
Educate Yourself:
- Understand the Residential Tenancies Act
- Learn the requirements for each notice type
- Stay updated on legal changes
- Consider professional legal advice for complex situations
Use Correct Procedures:
- Choose the right notice type for each situation
- Follow all statutory requirements
- Understand burden of proof requirements
- Know the legal standards for each type of application
Building a Winning Strategy
Pre-Application Checklist
Before filing any LTB application, ensure you can answer "yes" to these questions:
Evidence and Documentation:
- Do I have direct evidence (not hearsay) to support my claims?
- Have I documented everything with dates, times, and details?
- Do I have photographs, receipts, or other physical evidence?
- Can my witnesses attend the hearing to testify?
Legal Compliance:
- Have I served all required notices properly?
- Did I follow all procedural requirements?
- Have I met all compensation or payment obligations?
- Am I using the correct notice type for this situation?
Preparation and Investigation:
- Have I thoroughly investigated the situation?
- Do I understand the legal standard I must meet?
- Have I gathered all necessary supporting documents?
- Am I prepared to attend and testify at the hearing?
During the Hearing
Present Your Case Effectively:
- Arrive early and dress professionally
- Bring multiple copies of all documents
- Present evidence in chronological order
- Stick to facts and avoid emotional arguments
Common Hearing Mistakes to Avoid:
- Don't rely on assumptions or speculation
- Don't present evidence you can't authenticate
- Don't argue with the adjudicator or opposing party
- Don't forget to explain the relevance of your evidence
When to Seek Professional Help
Consider hiring a paralegal or lawyer when:
- The case involves complex legal issues
- Significant money or property is at stake
- You're unfamiliar with LTB procedures
- The tenant has professional representation
- Previous applications have been unsuccessful
The Cost of Losing
Failed LTB applications cost more than just filing fees:
- Time and Opportunity Costs: Months of delayed resolution
- Legal Costs: Potential cost awards to tenants
- Ongoing Problems: Continued issues while starting over
- Relationship Damage: Deteriorated landlord-tenant relationships
- Financial Impact: Lost rent, repair costs, and legal fees
Prevention is Better Than Cure
The best strategy is preventing problems before they require LTB applications:
Tenant Screening:
- Conduct thorough background checks
- Verify employment and references
- Check credit history and rental history
- Document your screening process
Clear Communication:
- Establish clear expectations from the start
- Document all communications in writing
- Address issues promptly and professionally
- Maintain professional boundaries
Property Management:
- Conduct regular property inspections
- Respond quickly to maintenance requests
- Keep detailed records of all activities
- Stay informed about legal requirements
Conclusion: Success Through Preparation
The difference between winning and losing at the LTB often comes down to preparation, evidence, and understanding legal requirements. The cases examined reveal clear patterns:
Successful landlords:
- Gather direct, credible evidence
- Follow all procedural requirements
- Attend hearings prepared to testify
- Understand the legal standards they must meet
- Document everything thoroughly
Unsuccessful landlords:
- Rely on hearsay or insufficient evidence
- Make procedural errors or miss deadlines
- Fail to attend hearings or bring witnesses
- Misunderstand legal requirements
- Lack proper documentation
The LTB system, while designed to be accessible, still requires careful attention to legal requirements and evidence standards. By understanding these common failure points and taking steps to avoid them, landlords can significantly improve their chances of success.
Remember that every case is unique, and what works in one situation may not apply to another. When in doubt, seek professional advice rather than risk a costly failure. The investment in proper preparation and professional guidance is often far less than the cost of a failed application and its consequences.
The key to success at the LTB isn't just having a good case—it's being able to prove your case according to the Board's standards. By avoiding these common mistakes and following best practices, you can protect your investment and achieve the outcomes you need to maintain successful rental properties.
