Rental Unit Repair Licence – Information for Tenants

The Rental Unit Repair Licence is a City of London licence for landlords who use a provincial N13 Notice to terminate a tenancy for extensive repairs or renovations that require a rental unit to be vacant. The licensing program is intended to ensure that certain conditions are in place before tenants are asked to vacate their units, and that landlords legitimately require the unit to be vacant to repair or renovate it.  

The Rental Unit Repair Licence is Schedule 23 of the Business Licensing By-law.  To view the Schedule and requirements for the licence, please click the link and scroll to the bottom of the page (Schedule 23).

• N13 Form: A Provincial form issued by the landlord or property manager to terminate your tenancy to perform extensive repairs or renovations on your unit which require a building permit and require you to move out.
• Residential Tenancies Act (RTA) is the Provincial Act that governs the relationship between a tenant and a landlord, and which is not enforced by the City of London.
• Tenant Information Package: A document provided by the city that explains some of your rights and entitlements under the Residential Tenancies Act and the by-law regarding the Rental Unit Repair Licence and N13 Form.

If you receive an N13 Form to terminate your tenancy for extensive repairs or renovations, it sets in motion a series of processes that a landlord is required to follow by the Ontario Residential Tenancies Act, and separately, by the City of London’s Rental Unit Repair Licence. This includes at least 120 days notice before you may need to vacate the unit. This time must be used to understand your rights and responsibilities, and to consider what you want to do next. These steps are not necessarily in Order.

Read the N13

The N13 Form has several important pieces of information on it, including the Landlord’s name and contact information, the reason they need to terminate the tenancy (need you move out), and the date you’re expected to leave.   For more information about how to read and use an N13 Form, follow this link to a .pdf provided by the Province called N13 Instructions.

Note: if you’ve received an N13 Form for demolition, or to convert the unit to another (non-residential) use, a Municipal Licence is not required, but the information herein may still be worthwhile for you to understand and act on, as the Landlord is still subject to the requirements of the Residential Tenancies Act.

Read the Tenant Information Package

The Landlord must provide you with a Tenant Information Package prepared by the City of London (coming soon) if they issue you an N13 Form.  This is a requirement of the Rental Unit Repair Licence.  This information package is intended to provide material regarding your rights and responsibilities under the Residential Tenancies Act (RTA).  The package is not a substitute for the RTA, but a supplemental document to help you make informed decisions about your tenancy and situation.

Do Not Move Out… yet

Just because you’ve received an N13 Form does not mean you necessarily need to move. There are several questions you’ll want to verify, and steps you may want to take, to protect yourself and maintain your rights under the Residential Tenancies Act, such as:

• Does the Landlord have a Building Permit? It is a requirement of the province, and the City’s Licence, that a Building Permit be issued before the N13 Form is given.  Check the Development and Building Portal, email building@london.ca, or phone 519-661-4555, to see if a building permit has been issued.
• Has the Landlord posted a “Notice of Application” for the Rental Unit Repair Licence on your unit, or the building?  A Landlord has seven (7) days from the date of the N13 being issued to apply for a Rental Unit Repair Licence from the City.
• Has the Landlord provided you with a City of London Tenant Information Package?
• Has a Rental Unit Repair Licence been posted on your unit or the building?  Once the Licence has been issued by the City of London, the Landlord is required to post it on the unit(s) being renovated and in obvious locations throughout the building(s).

If you answered no to any of these questions, call 519-661-4660, email enforcement@london.ca, or submit a complaint through the online portal to the City of London regarding the (potential) improper use of the N13 Form.

Consider your “Right of First Refusal”

If you wish to return to your rental unit after the repairs are completed, you must inform your landlord in writing BEFORE YOU MOVE OUT. This is known as exercising your right of first refusal. Your landlord must honour this right and allow you to move back in once the repairs are completed at the SAME RENT THAT WAS CHARGED BEFORE YOU LEFT THE UNIT.  For more information refer to the Residential Tenancies Act, Section 53(1) and 53(2).

Keep Records

Maintain copies of all documents related to the N13 Notice the Tenant Information Package, and all communications between you, the landlord, and/or their representative(s).  This includes any correspondence with your landlord about your right of first refusal, compensation that may be required under the Act, other offers of compensation the landlord or property manager may propose, etc.

Communicate with Your Landlord

Again, if you wish to return to your rental unit after the repairs, notify your landlord in writing as soon as possible. Keep a copy of this notification for your records. If you move again during the renovation process, you are required to inform the landlord in writing of this change of address, phone number, etc.

Seek Assistance if Needed

If you have any concerns or questions about the process, consider seeking advice from a tenant advocacy group or legal professional. They can provide guidance and support to ensure your rights are protected.  In London there are several resources to help guide you through the process of moving out during extensive repairs or renovations, or for other reasons:

City of London Coordinated access for a variety of supports and services

Neighbourhood Legal Services - Neighbourhood Legal Services (London & Middlesex) – A non-profit community legal clinic serving low income residents of London and Middlesex

LIFE*SPIN 

ACORN - London ACORN - ACORN Canada

Mission Services of London

Landlord and Tenant Board

City of London business licences