When a landlord files an application against a tenant for non-payment of rent (an L1 or L9 Application), a hearing is scheduled. At the hearing, the tenant can raise any issues that they could have raised had they filed their own application with the LTB. These are often called “Section 82 issues”, referring to the section of the Residential Tenancies Act that allows for this. Examples of issues a tenant can raise include maintenance problems or harassment by the landlord. Consult the Help for Tenants webpage for a list of common tenant concerns.
If the tenant wants to raise these types of issues at the hearing, they must provide a description of their issues and a copy of all their evidence to the landlord and the LTB at least 7 days before the hearing.
After the hearing, the LTB adjudicator will address both the tenant’s issues and the landlord’s claim for rent in a single decision (also called an order). If the adjudicator finds that the tenant has proven their issues, the order can include remedies requested by the tenant, such as a rent rebate (called an “abatement”) or ordering the landlord to complete repairs.
At least 7 days before a hearing about a Landlord’s Application for Non-Payment of Rent (Form L1 or L9), the tenant must provide the landlord and the LTB with:
If the tenant does not provide the landlord and the LTB with a description of their issues and their evidence at least 7 days before the hearing, the tenant will not be permitted to raise these issues during the hearing, unless they are able to convince the adjudicator that they were unable to provide the issues and evidence in advance.
The LTB has an optional form that tenants can use to help them describe each issue: Issues a Tenant Intends to Raise at a Rent Arrears Hearing. The tenant receives this form with their Notice of Hearing.
For more information on how to prepare and serve evidence see the Practice Direction on Evidence.
If a tenant provides their landlord with a description of the issues they want to raise during the L1 or L9 hearing and supporting evidence, the landlord must provide the tenant and the LTB with any responding documents and evidence at least 5 days before the hearing.
Last updated: June 2021