Disrupting Electricity:

Question: Can a tenant in Ontario require a landlord to keep electricity on if the landlord shuts it off or fails to pay hydro bills during my tenancy?

Answer:   If you are a tenant in Ontario facing an electricity shutoff or threats to your hydro service, Woodcock Legal Services can help you understand your rights under the Residential Tenancies Act, 2006, including that a landlord must not withhold or deliberately interfere with a vital service like electricity during your occupancy, as reflected in Residential Tenancies Act, 2006, S.O. 2006, c. 17. The Landlord Tenant Board decision in AM.T. and AN.T. v. T.P.T.L., 2016 CanLII 38754, also shows that electricity disconnections and coercive conduct tied to billing arrangements can breach landlord duties, including duties related to tenant consent for metering. For practical next steps, gather your notice and hydro evidence, document dates and impacts on reasonable enjoyment, and speak with a Residential Tenancies focused paralegal or lawyer to assess whether you may request relief and remedies through the Landlord and Tenant Board, call (613) 334-6721 to discuss your situation today.

Decision Summary: AM.T. and AN.T. v. T.P.T.L., TET-69273-16-IN (Re)

The case of AM.T. and AN.T. v. T.P.T.L., 2016 CanLII 38754, showcases critical aspects about the obligations of a landlord concerning the supply of vital services and tenant rights as prescribed by the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, which governs the rights and obligations of landlords and tenants within a residential tenancy relationship.  In the decision, the Landlord Tenant Board dealt with the situation where the landlord, T.P.T.L., interfered with the electricity supply to the unit occupied by the tenants.  According to the lease agreement, the landlord was responsible for hydro costs.

Unlawful Interference With Electricity Services to An Occupied Rental Unit

The Landlord Tenant Board found the landlord either initiated the electricity supply disconnection or failed to pay the bills resulting in an electricity supply disconnection, therefore breaching section 21 of the Residential Tenancy Act, 2006, which states that landlords must refrain from withholding or deliberately interfering with the supply of any vital service, including electricity.  Specifically, section 21(1) of the Residential Tenancy Act, 2006, states:

The Landlord Tenant Board determined that regardless of whether the disconnection was deliberate or arose due to a failure of payment, section 21 of the Residential Tenancies Act, 2006, was breached by the actions of the landlord.  Additionally, the Landlord Tenant Board also determined that section 22 of the Residential Tenancies Act, 2006, was violated as the electricity disconnection significantly interfered with reasonable enjoyment of the premises by the tenants.

Attempt to Impose Suite Metering

The Landlord Tenant Board also deemed that the landlord also endeavoured to impose suite metering without obtaining proper consent from the tenants in contravention with section 137 of the Residential Tenancy Act, 2006, by finding that communications sent by the landlord to the tenants attempted to mandate the making of arrangements for separate electricity billing without the written content of the tenants as required by section 137(3)(a) of the Residential Tenancies Act, 2006.

Furthermore, under section 137(4) of the Residential Tenancies Act, 2006, landlords must provide tenants with detailed information concerning potential energy costs and how the rent reduction is calculated before obtaining written consent for suite metering.  In this case, the Landlord Tenant Board highlighted the importance of obtaining tenant consent in circumstances contemplating the installing of smart meters and the Landlord Tenant Board concluded that the unilateral actions of the landlord as well as misleading correspondence were prohibited under the Residential Tenancies Act, 2006.

Harassment and Coercion of Tenants

Further compounding the issues involved in this case, the conduct of the landlord, by pressuring tenants to accept suite metering or leave, constituted as harassment under section 23 of the Residential Tenancies Act, 2006.  The Landlord Tenant Board recognized that the communications by the landlord, aimed at coercing tenants to bear electricity costs, would be unwelcome and distressing to any tenant whose rent included electricity.  Specifically, section 23 of the Residential Tenancies Act, 2006, states:

The decision emphasized that the landlord violated multiple sections of the Residential Tenancies Act, 2006, through actions that amounted to both interference with essential services and harassment.

Full Case

The official case judgment is available here: AM.T. and AN.T. v. T.P.T.L., 2016 CanLII 38754

Gaining an understanding of this case can help landlords and tenants to appreciate and respect the rights, responsibilities, and duties, that exist within a residential tenancy relationship.  Explore the full official case judgment as provided above for more detailed information and specific legal arguments.

Conclusion

This decision of the Landlord Tenant Board emphasizes the importance for a landlord to refrain from interfering with the supply of electricity, among other things, to a rental unit occupied by a tenant.