Hey everyone, I’m in a bit of a sticky situation with my landlord and utilities. We’ve been living in the main floor of a house since 2018, and the hydro bill has been in my name. When a basement tenant moved in back in 2019, the LL told us it would be a 60/40 split. This arrangement continued with subsequent tenants.
However, last Friday, the current basement tenant complained about the temperature and his ex-gf moving out. Without consulting us, the LL suddenly changed the split to 75/25! They even applied this retroactively to last month’s bill.
Is this even legal? We never had any written agreement about the split, but we’ve been doing 60/40 for years. Don’t we need some kind of lease amendment? What are our options here?
This is not legal. When a house is split into separate rental units sharing one meter, the utilities should be in the landlord’s name. They’re responsible for collecting from tenants. The RTA only allows two ways to split utilities:
Even split based on # of units (e.g., 50/50 for 2 units)
Split based on square footage of each unit
Number of occupants isn’t a factor. Your landlord can’t arbitrarily change the split, especially not retroactively.
You have a few options:
Cancel your hydro account and tell the LL to put it in their name
If the LL resists, file a T2 or T7 application with the LTB
You could potentially get rent abatement or reimbursement for excess charges
Don’t let the LL push this unfair arrangement on you.
Wow, thanks for the detailed response! I had no idea about these RTA rules. The LL mentioned looking into separate meters, but I’m guessing that’s expensive and complicated?
I think I’ll give notice that I’m cancelling the hydro account when I get back from vacation. Should I mention the RTA rules to her or just let her figure it out?
Installing separate meters can be very costly and complex. It often requires rewiring and potentially changes to the HVAC system for independent control. Plus, even with separate meters, the basement tenant can’t be forced to put utilities in their name if it wasn’t in their original lease.
It’s a good idea to mention the RTA rules to your landlord. Be polite but firm. Something like: “I’ve looked into the regulations, and it seems the current arrangement doesn’t comply with the RTA. I’ll be cancelling the hydro account on [date]. Please let me know how you’d like to proceed with utilities going forward.”
Don’t do this. Interfering with utilities or doing anything that could be seen as harassment could get you in trouble with the LTB. Stick to legal methods to resolve this issue.
You’d still be responsible for paying utilities unless your lease specifically states that utilities are included in rent. The main difference is that the LL would be responsible for the account and for dividing the bill correctly between units. You’d pay your portion to the LL rather than directly to the utility company.
Update: I talked to the LL and mentioned the RTA rules. She seemed surprised but agreed to put the utilities in her name. She’s sticking with the 75/25 split tho, saying it’s fair based on occupancy. Should I push back on this?
Yes, you should definitely push back. As mentioned earlier, occupancy is not a valid basis for splitting utilities under the RTA. Remind your LL that the split must be based on either the number of units (50/50) or square footage. If she insists on 75/25, you may need to file with the LTB for a ruling. Keep all communication in writing and be prepared to show your history of paying 60/40.
Thanks everyone for the advice. I’ll stand firm on the 60/40 split and file with the LTB if necessary. It’s frustrating that the LL is trying to make us subsidize the basement tenant’s utilities, but at least now I know my rights!