T-15.01, r. 2 - Regulation respecting the criteria for the fixing of rent

Section 3 Disposition versions

2023-08-01

3. The tribunal hearing an application to determine or adjust rent modifies the rent at the end of the lease by applying the following factors in the proportion attributable to the dwelling:

(1)  the variation in municipal property taxes and services due in the reference period and those due in the following year as well as the variation in school taxes due in the year preceding the reference period and those due in the reference period;

(2)  the variation in insurance premiums included in operating expenses, for a maximum period of 12 months, due in the year preceding the reference period and those due during the reference period;

(3)  the percentage applicable for the reference period with respect to electricity and fuel; notwithstanding the foregoing, if that percentage is not representative for the building in question, the tribunal, if it has the required information at its disposal, shall take into account the variation, on a percentage basis, of the unit cost in the reference period and that in the preceding period;

(4)  the percentage applicable to maintenance costs for the reference period;

(5)  the percentages applicable to service costs for the reference period;

(6)  the percentage applicable to management costs for the reference period which are established at 5% of income without supporting documents and up to 10% with supporting documents;

(7)  operating expenses relating to a new service or accessory or dependency during the reference period, estimated for the entire year;

(8)  the percentage applicable to net income for the reference period;

(9)  the percentage applicable to capital expenditures for the reference period; notwithstanding the foregoing, if a capital expenditure is subsidized by way of a loan at reduced interest, the annual increase of rent corresponding to the portion of the expenditure financed by that loan may not excede the amount of annual reimbursement of capital and interest.

The tribunal shall also take into account any change in rent during the 12 months prior to the end of the lease so as to ensure the rent that may be charged conforms to all applicable laws and the provisions of this Regulation.

O.C. 738-85, s. 3; O.C. 454-94, s. 2; O.C. 1506-97, s. 2; O.C. 1045-2023, s. 1.

2012-09-01

3. The tribunal hearing an application to determine or adjust rent modifies the rent at the end of the lease by applying the following factors in the proportion attributable to the dwelling:

(1)  the variation in municipal property taxes and services due in the reference period and those due in the following year as well as the variation in school taxes due in the year preceding the reference period and those due in the reference period;

(2)  the variation in insurance premiums included in operating expenses, for a maximum period of 12 months, due in the year preceding the reference period and those due during the reference period;

(3)  the percentage applicable for the reference period with respect to electricity and fuel; notwithstanding the foregoing, if that percentage is not representative for the building in question, the tribunal, if it has the required information at its disposal, shall take into account the variation, on a percentage basis, of the unit cost in the reference period and that in the preceding period;

(4)  the percentage applicable to maintenance costs for the reference period;

(5)  the percentage applicable to service costs for the reference period;

(6)  the percentage applicable to management costs for the reference period which are established at 5% of income without supporting documents and up to 10% with supporting documents;

(7)  operating expenses relating to a new service or accessory or dependency during the reference period, estimated for the entire year;

(8)  the percentage applicable to net income for the reference period;

(9)  the percentage applicable to capital expenditures for the reference period; notwithstanding the foregoing, if a capital expenditure is subsidized by way of a loan at reduced interest, the annual increase of rent corresponding to the portion of the expenditure financed by that loan may not excede the amount of annual reimbursement of capital and interest.

The tribunal shall also take into account any change in rent during the 12 months prior to the end of the lease so as to ensure the rent that may be charged conforms to all applicable laws and the provisions of this Regulation.

O.C. 738-85, s. 3; O.C. 454-94, s. 2; O.C. 1506-97, s. 2.