Ontario utilities legislation

[stepchuk]

I was wondering if anyone could shed some light on this subject for me? I was told through the grapevine that the landlord MUST supply utilities (hydro, gas, electrical) in Ontario, and that this was legislated through the Residential Tenancy Act. I could not find any record of this online, and was wondering if I was given some false information. Perhaps they meant that it is the norm in certain areas for landlords to include utilities in the rent as an incentive, or that certain municipalities insist on the utility being in the landlord`s name. The area we were discussing specifically was Barrie.

Thank you for any help you can provide!

 

[housingrental]

You can charge plus utilities
Needs to be in the contract
They are essential services and landlords can`t turn them off

 

[Berubeland]

The landlord does not have to supply utilities.

The problem comes about when landlord charge utilities in a house with two units and the tenants are each charged say 60/40. The bills usually stay in the landlord`s name. When you get a deadbeat they don`t pay the utility bill and the landlord is stuck paying for it. Even though the lease says the tenant must pay utilities the landlord cannot collect that through the Landlord & Tenant Board. You must file that at small claims. This can be dealt with by putting the utilities in the name of the tenant with a majority share. One tenant can pay for hydro in their name and the other can pay the gas in their name and every few months every one settles the difference.

Then there is the problem of transferring of utilities. The landlord must check that the tenant actually has transferred the utilities into their name before handing over the keys. A landlord cannot transfer over a service into someone else`s name. I heard of a landlord a while back who failed to check that the gas was in the tenant`s name. Eventually they came to her house to cut off her gas because her account at the other house was so overdue. She didn`t have a lease so she was out the money.

If you include the utilities in the rent you are not supposed to discontinue the service even if the tenant doesn`t pay the rent.

Water is the other problem in the city of Toronto, the city will no longer transfer the water bill into a tenants name. They allow for sending the bill to another person but charge 16$ per bill. If the bill is not paid it transfers over to the property taxes.

Basically utility companies would much rather bill you.. a collectible person than a ne`er do well tenant. Due diligence is very much de rigeur.

 

[ontariolandlord]

A landlord does not have to currently pay for utilities.

However, there is a strong movement by the Toronto Tenant Activists to push for such legislation. Along with province-wide landlord licensing, and a rule that every unit must have their own thermostat control.

NDP Housing critic Cheri diNovo is tabling a bill calling for rent control, landlord licensing and utility control. Many Liberal MPPs agree.



A lot depends on the election coming in October 2011. The Progressive Conservatives under Tim Hudak are clearly against such restrictive legislation.

 

[ontariolandlord]

QUOTE (Berubeland @ Aug 25 2010, 11:49 AM) The bills usually stay in the landlord`s name.
Wrong.

There is absolutely no reason for that. It`s an "old school" way of dealing with utilities. However, careful landlords now will ensure the utilities are in one tenants name.

 

[jseib]

I think landlords mostly get into trouble when a unit sites empty and they get the mentality that they will take anyone just so they can collect some rent. Usually the next guy to show up with a cheque is the worst possible choice..

 

[ontariolandlord]

QUOTE (jseib @ Aug 27 2010, 05:30 AM) I think landlords mostly get into trouble when a unit sites empty and they get the mentality that they will take anyone just so they can collect some rent. Usually the next guy to show up with a cheque is the worst possible choice..
Put it in the lease they are responsible.

 

[ontariolandlord]

QUOTE (ontariolandlord @ Aug 28 2010, 10:04 PM) Put it in the lease they are responsible.

This came up with me today!

 

[valentina]

According my Lease agreement the tenants will pay utilities and they have registred it on thier name
But now they did not pay utilities for 4-5 mth and owe a lot and they give me a notice to break down the lease and move out at the end of October
What happend in this case? Who will end up with utilities pmts? I quess -me. I called to Enbridge and Hydro to check how much they owe but they refused to give this info to me even though I have Utilities discloser letter ( from REIN) but they say it is does not work for them
Any recommendation?
Tenants in other house pay utilities through me but did not pay for 6 mth already. I am going to small court.Could this court give me right to evict tenant for non-payments of utilities?
Thank you
Tina

 

[Berubeland]

QUOTE (valentina @ Sep 21 2010, 11:10 AM) According my Lease agreement the tenants will pay utilities and they have registred it on thier name
But now they did not pay utilities for 4-5 mth and owe a lot and they give me a notice to break down the lease and move out at the end of October
What happend in this case? Who will end up with utilities pmts? I quess -me. I called to Enbridge and Hydro to check how much they owe but they refused to give this info to me even though I have Utilities discloser letter ( from REIN) but they say it is does not work for them
Any recommendation?
Tenants in other house pay utilities through me but did not pay for 6 mth already. I am going to small court.Could this court give me right to evict tenant for non-payments of utilities?
Thank you
Tina

If the utilities are in their name you do not have to pay. You will have to start paying when they move out at the end of October.