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Lawyer legal representation for tenants opposing above-guideline rent increases and landlords seeking approval for capital expenditure and operating cost increases at the LTB.
Book My 15-Minute Assessment →Navigating Complex Above Guideline Rent Increase & AGI Disputes
An above-guideline increase (AGI) is a rent increase that exceeds the annual rent increase guideline set by the Ontario government. Under s. 126 of the RTA, landlords can apply to the LTB for an AGI based on extraordinary increases in municipal taxes and charges, eligible capital expenditures, or security-related operating costs. AGIs can be phased in over up to three years.
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Under the Residential Tenancies Act, 2006, rent increases for most residential tenancies are capped at the annual rent increase guideline published by the Ontario government under s. 120. However, s. 126 permits landlords to apply to the LTB for above-guideline increases (AGIs) based on extraordinary increases in municipal taxes and charges, capital expenditures, and operating costs related to security services. AGI applications can result in rent increases significantly above the guideline, sometimes spread over three years, making them a critical issue for tenants in affected buildings.
The AGI application process is governed by ss. 126-128 of the RTA and the associated O. Reg. 516/06. Landlords must file the application within 18 months of the expenditure being incurred and must demonstrate that the capital expenditure was necessary to protect or restore the physical integrity of the residential complex, comply with maintenance and health and safety standards, or maintain the provision of a plumbing, heating, mechanical, electrical, ventilation, or air conditioning system. The LTB applies a useful life table to determine how the cost is amortized.
Tenants have several grounds for opposing AGI applications. The most common challenges include: questioning whether the capital expenditure was genuinely necessary as opposed to cosmetic or discretionary; challenging the reasonableness of the costs claimed by demonstrating that the landlord did not obtain competitive bids; arguing that the work was inadequately performed and does not justify the expenditure; and contesting the landlord's calculation of the increase by challenging the useful life categorization or the allocation of costs across units.
In multi-unit buildings, tenant associations can play a crucial role in coordinating opposition to AGI applications. Our lawyers assist tenant groups with organizing collective responses, retaining expert witnesses to challenge the necessity and cost of claimed capital expenditures, and presenting unified evidence at LTB hearings. We have successfully reduced or eliminated AGI claims by demonstrating that landlords inflated costs, included ineligible expenditures such as routine maintenance disguised as capital improvements, or failed to meet the statutory requirements under s. 126(7) of the RTA.
For landlords, a well-prepared AGI application requires meticulous documentation. Under O. Reg. 516/06, ss. 18-27, the landlord must provide detailed invoices, contracts, proof of payment, building condition assessments, and evidence that the capital expenditure meets the eligibility criteria. We assist landlords in categorizing expenditures correctly under the useful life schedules, calculating the proper per-unit allocation, and preparing a complete application package that withstands tenant scrutiny and LTB adjudication.
Common eligible capital expenditures include roof replacement, window and door replacement, elevator modernization, boiler replacement, fire safety system upgrades, and structural repairs. We advise landlords on the importance of obtaining at least two competitive bids for major projects, maintaining clear records of the decision-making process, and ensuring that the work performed corresponds to what was bid and invoiced. Our proactive approach minimizes the risk of successful tenant challenges and ensures that the AGI application is approved at the amounts claimed.
Our lawyers offer a 15-minute initial assessment for most matters. Call, email, or book online. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
Monday to Friday: 9:00 AM to 5:00 PM
Evenings & weekends by appointment
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Lexaltico LLP
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