One of the biggest frustrations for landlords at the Landlord and Tenant Board (LTB) has been “trial by ambush.” Bill 60 directly targets this tactic by procedurally separating rent payment from maintenance disputes.

Rule Comparison: Old vs. New

• Previous Rule: Under Section 82 of the Residential Tenancies Act, a tenant at a non-payment (N4) hearing could raise any new issue, such as a maintenance complaint, for the first time. This often led to long, costly adjournments.
• New Rule: Bill 60 amends the RTA to bar tenants from raising new issues at a rent arrears hearing unless they have provided prior notice according to LTB rules.

Real-World Example

• A landlord files an L1 for two months of unpaid rent. The hearing is scheduled.
• Old Way: The tenant shows up and tells the adjudicator, “I didn’t pay because my fridge is broken.” The hearing is immediately adjourned for 6-12 months to debate the fridge.
• New Way: The tenant says, “My fridge is broken.” The adjudicator asks, “Did you file a T6 maintenance application?” If the tenant says no, the adjudicator is barred from hearing the issue, and the hearing proceeds only on the unpaid rent.

What This Means for…

• Landlords: Your non-payment hearings will become faster and more predictable. The hearing will be focused exclusively on one question: “Was the rent paid?”
• Tenants: This is a critical procedural change. You lose the ability to use the landlord’s eviction hearing as leverage to get repairs done. [9, 11] You must file your own T6 (maintenance) application to have your issue heard.
• Property Managers: LTB file preparation for non-payment cases becomes much simpler. However, this also means you must be hyper-diligent about maintenance and record-keeping, as you will likely face separate T6 applications from tenants.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Spearhead Property Management is not a law firm. Laws and LTB procedures are subject to change and interpretation. Please consult a qualified lawyer or licensed paralegal for advice on your specific situation.