HON. ATTORNEY-GENERAL.

BILL

No. 105] , [1974

Landlord and Tenant Act

PART IV —
RENTAL RATES AND INCREASES

24. (1) Notwithstanding any other Act and notwithstanding any agree-
ment to the contrary, no tenancy agreement shall provide that, by reason of
default in payment of rent due, or in observance of an obligation of a tenant
under a tenancy agreement, all or any part of the rent remaining for the term
of the tenancy agreement becomes due and payable.

(2) A provision of a tenancy agreement that contravenes subsection (1) is
void and unenforceable.

Rent 25. (1) No landlord shalt increase the rent for residential premises, and no
increases. ‘tenancy agreement shall provide for an increase in rent for residential
premises,

(a) during the first year of the tenancy agreement, and, thereafter,
during the period of one year following the date that the rent was
increased in respect of the tenancy agreement; and

(b) where the tenancy agreement is for a specified term of less than
one year, during the term of the tenancy agreement.

(2) No landlord shall increase the rent for residential premises unless he
gives to the tenant, after the period of one year referred to in subsection (1)
and not less than three months before the date the rent increase is to be
effective, written notice of the rent increase.

(3) Where rent is increased other than in accordance with subsections (1)
and (2), the increase is void and unenforceable.

No accele-
ration
provisions,

Hidden 26. (1) Unless the rentalsman otherwise orders, where a landlord
Increases, (2) makes a charge in respect of a service or facility used or enjoyed,
before the date the charge becomes effective, by a tenant at a
lesser or no charge; or
(b) discontinues a service or facility, and such discontinuance results
in a substantial reduction of a tenant’s use and enjoyment of
residential premises or the service or facility,
such charge, or the value of such discontinued service or facility, shall be
deemed to be a rent increase for the purposes of section 25.

(2) The rentalsman may order, upon application in the form and manner
prescribed in the regulations, and after such investigation and hearing as he
considers necessary, that a charge or discontinuance under subsection (1) is
not, subject to such terms and conditions as the rentalsman may specify in
the order, a rent increase for the purposes of section 25.

(3) Nothing in subsections (1) and (2) affects the right of a tenant to bring
an action against a landlord for breach of contract.

Exception 27. (1) Notwithstanding sections 24 and 25, where a landlord and tenant
agree, at the time
occupants, : - :
(a) a tenancy agreement is eniered into; or
(b) a rental increase is made in accordance with section 25,
that the landlord may make a charge in respect of one or more additional
persons who might permanently occupy the residential premises after the
time the agreement is made, the landlord may make the charge in accordance
with the agreement.
(2) The rentalsman shall determine, upon application in the form and
manner prescribed in the regulations, and after such investigation and hearing
as he considers appropriate, whether or not a person is permanently

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