A1 Form: A Comprehensive Guide to Ontario Form A1

A Comprehensive Guide to Ontario Landlord Form A1

Form A1, officially known as the “Application about Whether the Act Applies”, is an important document used by landlords and tenants in Ontario to clarify whether the Residential Tenancies Act, 2006 (RTA) applies to a particular tenancy or rental arrangement. The RTA governs most residential tenancies in Ontario, but not all living arrangements fall under its provisions. In cases where there is uncertainty or dispute about whether the RTA applies to a specific rental situation, Form A1 is filed with the Landlord and Tenant Board (LTB) to seek a ruling.

This guide will walk you through the reasons for using Form A1, when and how it should be filed, and the steps involved in the process.

What is Ontario Landlord Form A1?

Form A1 is used when there is a dispute or uncertainty about whether a rental arrangement is covered by the Residential Tenancies Act (RTA). The RTA applies to most residential rental units in Ontario, but certain types of housing are exempt from the Act, such as:

• Rental agreements where the tenant shares a kitchen or bathroom with the landlord.
• Certain types of seasonal or transient housing.
• University or college residences.
• Commercial units or mixed-use properties, where the rental is for non-residential purposes.

If there is disagreement between the landlord and tenant about whether the RTA applies to their specific situation, either party can file Form A1 with the LTB to ask for a formal determination. The LTB will review the case, hold a hearing, and make a decision on whether the RTA governs the tenancy.

Why is Form A1 Important?

Understanding whether the RTA applies to a tenancy is critical because it affects the rights and responsibilities of both landlords and tenants. If the RTA applies, tenants have specific protections under the law, such as rules governing:

• Rent increases (limited to the annual Rent Increase Guideline).
• Eviction procedures.
• Maintenance and repair obligations.
• Security deposits (only last month’s rent deposit is allowed).

If the RTA does not apply, the tenancy may not be subject to these protections, and landlords may have more flexibility in setting rent, terminating the tenancy, or handling disputes.

For example, if a tenant believes they are protected by the RTA but the landlord disagrees (e.g., if the landlord claims the unit is exempt because it is a shared accommodation), a Form A1 application can be filed to clarify the matter.

When to Use Form A1

Landlords or tenants can file Form A1 when there is uncertainty or disagreement about whether the RTA applies to a tenancy. Some common scenarios include:

Shared Accommodation

If the landlord lives in the same property as the tenant and they share a kitchen or bathroom, the RTA may not apply. In this case, if there is a dispute, the landlord or tenant can file Form A1 to ask the LTB to make a determination.

Non-Residential Use

If the rented space is part of a commercial or industrial building and is being used for non-residential purposes (such as a store or office), the landlord may claim that the RTA does not apply. If the tenant disagrees, they can file Form A1 to clarify.

Temporary or Seasonal Rentals

Certain types of temporary or seasonal housing (such as cottages or vacation rentals) may not be covered by the RTA. In cases where there is confusion about whether a seasonal rental is subject to the Act, Form A1 can be used.

Rooming or Boarding Houses

Rooming houses or boarding houses with shared facilities might also be exempt from the RTA, depending on the living arrangement. If either the landlord or the tenant believes the RTA should or should not apply, they can file Form A1.

Steps to Filing Form A1

Filing Form A1 involves a specific process with the LTB. Here are the detailed steps to follow:

Step 1: Determine the Need for Form A1

Before filing, ensure that there is a legitimate question about whether the RTA applies to the tenancy. You can review the Residential Tenancies Act, 2006, to understand which types of tenancies are exempt. If there is still uncertainty or disagreement, Form A1 should be considered.

Step 2: Complete Form A1

Form A1 can be obtained from the LTB website or at any LTB office. It requires the following information:

• Landlord’s details (name, address, phone number).
• Tenant’s details (name, address, phone number).
• Rental unit information (address, type of unit, and details about the tenancy).
• Reason for the application, specifying why the applicant believes the RTA applies or does not apply.

Provide as much detail as possible about the nature of the rental arrangement, including whether the tenant shares any facilities with the landlord, whether the unit is used for residential or non-residential purposes, and whether it is a short-term or long-term tenancy.

Step 3: Submit Supporting Documents

Along with Form A1, it is advisable to include any relevant supporting documents. These might include:

• Rental agreement or lease (if available).
• Photos of the unit showing shared facilities, if applicable.
• Correspondence between the landlord and tenant regarding the nature of the rental.

These documents can help clarify the situation for the LTB and provide evidence to support the applicant’s case.

Step 4: File the Application

Form A1 can be submitted to the LTB in several ways:

• Online through the LTB’s e-filing system.
• In person at an LTB office.
• By mail to the appropriate LTB office.

A filing fee of approximately $53 (as of 2024, though fees are subject to change) must accompany the application. If the applicant cannot afford the fee, they can apply for a fee waiver by submitting a fee waiver request form.

Step 5: Receive a Hearing Date

After filing Form A1, the LTB will schedule a hearing to resolve the matter. Both the landlord and tenant will be notified of the hearing date. It’s important for both parties to attend the hearing, as this is their opportunity to present evidence and explain why they believe the RTA does or does not apply.

Step 6: Prepare for the Hearing

Both parties should prepare their case for the hearing by gathering:

• Documents (e.g., lease agreements, receipts, utility bills).
• Photos or videos of the rental unit or shared facilities.
• Witnesses (if applicable) who can provide relevant testimony about the living arrangements.

It is crucial to organize this information clearly to present a compelling case at the hearing.

Step 7: Attend the Hearing

During the hearing, both the landlord and tenant will have the opportunity to present their evidence and arguments. The LTB will consider the facts and decide whether the RTA applies to the tenancy.

Step 8: LTB Decision

The LTB will issue a written decision after the hearing, which will clarify whether the RTA applies to the rental arrangement. If the LTB determines that the RTA applies, the landlord and tenant must follow the rules set out in the Act. If the LTB determines that the RTA does not apply, the tenancy is not governed by the RTA, and the landlord and tenant must rely on their lease agreement and common law principles to resolve any disputes.

Important Considerations for Filing Form A1

Legal Consequences of the Decision

The LTB’s decision on whether the RTA applies can have significant legal consequences. If the RTA applies, the landlord is bound by its rules regarding rent control, eviction procedures, and tenant rights. If the RTA does not apply, the landlord may have more flexibility, but they will also lose access to certain legal processes, such as the ability to file eviction applications with the LTB.

Sharing a Kitchen or Bathroom

One of the most common reasons for filing Form A1 is when the landlord lives in the same unit as the tenant and shares a kitchen or bathroom. In such cases, the RTA typically does not apply. However, if the living arrangement changes (e.g., the landlord no longer lives in the unit), the RTA might apply in the future.

Commercial and Mixed-Use Properties

In situations where the rental unit is part of a commercial property or is used for both residential and commercial purposes (such as a live/work unit), there may be confusion about whether the RTA applies. Form A1 can be used to clarify this issue.

Tenancies Not Covered by the RTA

It is important to remember that not all rental arrangements are covered by the RTA. In addition to shared accommodations, transient housing (such as hotels, motels, or certain vacation rentals) and housing provided by educational institutions (e.g., dormitories) are also typically exempt from the RTA.

Common Mistakes to Avoid

Filing Form A1 Without Cause Before filing Form A1, make sure there is a legitimate reason to question whether the RTA applies. If the tenancy clearly falls under or outside of the RTA, filing Form A1 could waste time and resources.

Lack of Supporting Documentation Failure to provide enough evidence to support your case can weaken your argument. Gather all relevant documents, photos, and any other evidence that can help clarify the nature of the rental arrangement.

Not Attending the Hearing Both landlords and tenants should ensure they attend the LTB hearing once a date is set. Failing to attend can result in the board making a decision without your input, which may not be in your favor. If you cannot attend the hearing, you must inform the LTB as soon as possible and seek a reschedule.

Poor Preparation Going to the hearing unprepared can harm your case. Both parties should gather all necessary documents, including the lease, any correspondence, and proof of the living arrangements (such as photos or witness testimony). Clear organization and presentation of evidence can make a big difference in the outcome.

Misunderstanding Exemptions Landlords and tenants should familiarize themselves with the specific exemptions under the Residential Tenancies Act (RTA) before filing Form A1. For example, landlords sometimes mistakenly believe that if they live on the same property as the tenant but in a separate unit, the RTA doesn’t apply. However, it often still does. Misunderstanding these exemptions can lead to an unnecessary dispute.

After the LTB Decision

Once the Landlord and Tenant Board (LTB) has issued a decision on whether the RTA applies, both the landlord and tenant must adhere to the ruling. Here are some key post-decision considerations:

If the RTA Applies

If the LTB decides that the RTA governs the tenancy, the following rules apply:

• Rent Control: The landlord can only increase the rent according to the annual Rent Increase Guideline unless they obtain approval for an above-guideline increase.
• Evictions: The landlord must follow the formal eviction process outlined in the RTA, including serving the appropriate notice and applying to the LTB if necessary.
• Maintenance and Repairs: The landlord is required to maintain the rental unit in a good state of repair and in compliance with health, safety, and housing standards.
• Tenant Rights: Tenants are entitled to protections under the RTA, including the right to remain in the unit until they are lawfully evicted and the right to challenge unfair rent increases or inadequate maintenance.

If the RTA Does Not Apply

If the LTB decides that the RTA does not apply to the tenancy:

• Contractual Terms: The tenancy will primarily be governed by the terms of the lease agreement and common law principles.
• No Rent Control: Landlords may increase rent without following the Rent Increase Guideline, as long as the increase complies with the lease.
• Termination: The landlord does not have to follow the formal eviction process outlined in the RTA, but they must still respect any notice periods and terms in the lease.
• Dispute Resolution: If disputes arise, the parties may need to rely on civil court processes rather than the LTB for resolution.

Form A1

Form A1 is a valuable tool for resolving disputes about whether the Residential Tenancies Act, 2006 (RTA), applies to a particular rental arrangement in Ontario. Whether you are a landlord or a tenant, it’s important to understand the specific circumstances under which the RTA governs a tenancy, as it directly affects the rights and obligations of both parties.

By carefully following the steps to file Form A1, gathering strong evidence, and preparing for the hearing, you can ensure that the LTB makes a fair and informed decision. Clarifying whether the RTA applies to a tenancy is crucial to avoiding future disputes and ensuring that the landlord-tenant relationship is based on a clear understanding of each party’s rights under Ontario law.