FAQ
What is the 75 Ann Street Residents’ Association?
How do I join/help?
Is this website legal advice?
I signed a lease knowing that my unit wouldn’t have a window. Am I out of luck?
How do I assert my rights?
What happens when I file with the LTB?
I’m an international student/new Canadian. Can I file with the LTB?
Can I be evicted for filing with the LTB?
I filed a T6 with the LTB. What can I expect to receive?
Can I file a T6 form for a maintenance issue that has nothing to do with a windowless unit?
Management presented me with an N11 form. Do I have to sign it?
How is it possible that nobody at Centurion, a massive corporation that manages thousands of units, knew it was illegal to rent out windowless bedrooms?
Are there any documents I should read?
What is the 75 Ann Street Residents’ Association?
Glad you asked! The 75 Ann Street Residents’ Association is a new organization intended to help tenants at one of London’s most notorious high-rises understand and assert their rights. This is its primary goal.
It became painfully clear that a residents’ association is necessary at 75 Ann in October 2019 when CBC London reported the presence of windowless units in the building. These units are illegal and tenants currently leasing such rooms are invited to contact the Association for support.
Presently, the Association is limited in its ability to provide services. In the future, however, we hope to provide assistance to 75 Ann’s residents as they consider applying to the Landlord and Tenant Board, bringing grievances forward to management, and arranging collective responses to collective problems.
2. How do I join/help?
Even gladder you asked! Start by getting in touch. The Association is open to anyone living at 75 Ann, so feel free to reach out via email (inquiries@75annresidents.org) to be added to the mailing list.
We are currently collecting funds for a joint legal action. For a $125 fee, our paralegal will take on a current or past 75 Ann tenant as a client.
3. Is this website legal advice?
No it is not! As a general rule, if you think you need legal advice, you probably do. Use this site as a starting point, and feel free to contact us if you have any questions. (Still not legal advice though!)
If you do decide that you want to find representation, consider reaching out to Community Legal Services. You don’t have to be a Western student to take advantage of this service. It’s also free.
You can also use the Law Society of Ontario’s referral service to find and consult with a local lawyer or paralegal who may be able to help you navigate Ontario’s complicated tenancy rules.
4. I signed a lease knowing that my unit wouldn’t have a window. Am I out of luck?
You are not!
Part III of the Residential Tenancies Act, section 20 requires the landlord to maintain the unit and comply with housing standards even if the tenant knew about a contravention of a standard when he or she signed the lease.
The act reads as follows:
Landlord’s responsibility to repair
20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. 2006, c. 17, s. 20 (1).
(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. 2006, c. 17, s. 20 (2).
(Emphasis ours.)
5. How do I assert my rights?
You are always welcome to raise your concerns with management. They may or may not respond in a way you’d like. If you’re unsatisfied, you can escalate your complaint to a director or executive at Centurion, though keep in mind that they will look out for the company’s interests, which may not align with yours.
If you would like to leave, you can file an N11 form to terminate your tenancy by mutual agreement. Centurion’s management has accepted this in the past, though they may not wish to terminate your lease in all cases, and are under no obligation to unless ordered by the Landlord and Tenant Board (LTB).
If Centurion does not agree to terminate your tenancy and you have a valid concern (such as a windowless unit), consider filing an application with the Board. In the case of windowless rooms, you should file a T6 form. You can read about the T6 form here, and can file one electronically on the Board’s website.
For other concerns, such as harassment, illegal entry, or interference with your reasonable enjoyment of your unit, you can file a T2 form. You can do this online as well.
If you’d like support or have any questions, feel free to contact the Association for assistance at the following address:
6. What happens when I file with the LTB?
The Landlord and Tenant Board is one of eight social justice tribunals in Ontario. It is responsible for adjudicating disputes between landlords and tenants. All evictions be approved by the Board, and it is granted broad powers to remedy unacceptable conduct on the part of both landlords and tenants.
If you apply to the Board, you will receive a hearing date, typically for several weeks in the future.
When you arrive at the Board’s office at 150 Dufferin Ave., you will have an opportunity to speak with duty counsel (a free attorney who works at the Board’s office). You may want to secure legal representation or bring a friend or member of the Association to your hearing for moral support.
Once your hearing is complete, the Board member will issue a decision. This could take several weeks.
Before applying, consider reading some previous LTB decisions to give you an idea of the nature of its proceedings.
As a social justice tribunal, the Board does offer accommodations, though it does not typically provide interpreters for languages other than French. If you would like an interpreter to attend the hearing, you may have to secure one yourself. See this site for more information.
7. I’m an international student/new Canadian. Can I file with the LTB?
The LTB is responsible for adjudicating all rental agreements that fall under its jurisdiction. This includes any tenant, whether Canadian citizen or not. The Board will not ask you for your citizenship or immigration status. You are not putting your legal status in Canada at risk by applying to the Board, and are encouraged to file if you feel Centurion is violating your rights or is not properly maintaining your unit.
Ontario has a strong tradition of protecting minority rights. You should not be afraid to come forward with any concerns you may have. You can find more information on your human rights as they relate to rental housing here.
If you are looking for someone to attend a hearing with you, feel free to reach out to the Association. We’ll see what we can do.
8. Can I be evicted for filing with the LTB?
No. It is not easy to evict a tenant in Ontario, and evictions cannot happen for asserting one’s rights under the Residential Tenancies Act. (In fact, if Centurion did evict you for this reason, you could seek a remedy from the Board that could include you getting your unit back.) Valid reasons for evictions include:
Non-payment of rent, or consistent late payment of rent
Criminal activity or endangering others
Interference with other tenants or the landlord such that you impact their reasonable enjoyment of their units
Significant damage to the rental unit
The landlord is planning to undertake significant renovations that require a building permit and cannot be completed while the unit is tenanted
In some cases, such as substantial renovations, the landlord may be required to re-house the tenant or provide other compensation. For a complete list of possible reasons for eviction, see this LTB document.
9. I filed a T6 with the LTB. What should I expect to receive?
We can’t answer that. The LTB is not bound by precedent, and individual Board members may differ on how they interpret evidence and the severity of the sanctions they impose.
We don’t have any precedent because, to the best of our knowledge, the LTB has not heard any cases involving tenants who have rented windowless units at 75 Ann. This doesn’t mean you shouldn’t file, however. It would be surprising if the Board did not hold Centurion to account for renting illegal units at such a broad scale.
10. Can I file a T6 form for a maintenance issue that has nothing to do with a windowless unit?
Yes! You should alert management to the maintenance issue as soon as you can, and if they fail to resolve it, consider applying to the Board. If Centurion fails to provide you with something promised in your lease, you could be entitled to a rent abatement or other remedy.
11. Management presented me with an N11 form. Do I have to sign it?
No! Do not sign an N11 form unless you’re willing to end your tenancy.
12. How is it possible that nobody at Centurion, a massive corporation that manages thousands of units, knew it was illegal to rent out windowless bedrooms?
Your guess is as good as ours—Centurion isn’t speaking publicly about windowless units at 75 Ann. We think their appeal of the City’s work order offers some clues to their reasoning, however. This is a quotation from a letter Centurion’s attorney sent to the City:
“To ensure compliance with all applicable laws, as part of its due diligence Centurion requisitioned the City of London to ensure legal compliance. On December 14, 2011, Centurion received confirmation from the City that there were no outstanding orders under the Building Code, Property Standards By-law, and no outstanding permits. On this basis, and as the bedrooms were already tenanted, Centurion assumed all existing leases and continued operating the property consistent with past practice.”
In other words, “We didn’t know we couldn’t do that!”
It seems like Centurion confused a lack of outstanding work orders and permits with a confirmation from the City that all was well at the time of purchase. This does not absolve them under London’s Property Standards By-law, however, and they will still be required to remedy the problem.
13. Are there any documents I should read?
Yes! Aside from London’s Property Standards By-law and the Residential Tenancies Act (both of which are easy to find online), you should read the order the City issued to Centurion on September 25th, 2019. You can find that here.
You should also read the letter Centurion’s lawyer sent to the City appealing the order.
Update: Centurion has submitted its plans to the City for bringing 75 Ann Street up to code. You can read the letter their architect submitted with the building permit application here, and you can read the Association president’s response here.