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Landlord Guide

How to Win an LTB Arrears Hearing

Practical strategies for presenting your arrears case at the Landlord and Tenant Board, from preparation to presentation.

12 min readLast updated: September 21, 2026
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Note

This guide provides general information about LTB hearings. It is not legal advice. Every case is different. Consult a paralegal or lawyer for advice specific to your situation.

Before the Hearing

1. Gather Your Evidence

Your evidence is the foundation of your case. The adjudicator can only decide based on what you prove with documentation.

Read our complete Evidence Guide →

2. Calculate Your Numbers Precisely

Know exactly how much is owed, to the penny. Be prepared to explain how you arrived at that figure. Math errors destroy credibility.

3. Organize Your Documents

Create an evidence bundle with a table of contents. Number every page. Have copies for yourself, the tenant, and the adjudicator.

4. Prepare a Timeline

Write out a chronological summary of key events: when rent was due, when payments were made, when notices were served, etc. This helps you present clearly.

5. Anticipate Questions

Think about what the tenant might argue and how you would respond:

  • Did they claim to have paid?
  • Did they raise maintenance issues?
  • Have they requested extra time to pay?

At the Hearing

Be Professional

Dress appropriately. Speak calmly and respectfully, even if the tenant doesn't. Address the adjudicator as "Member" or their name. Don't interrupt.

Present Your Case Clearly

When it's your turn to present:

  1. State what you're asking for (eviction, arrears order, etc.)
  2. Explain the tenancy basics (address, rent amount, rent due date)
  3. Walk through the arrears chronologically using your ledger
  4. Reference specific documents as you go ("As shown on page 3...")
  5. State the total amount owed

Let the Documents Speak

Don't just tell; show. Point to your rent ledger, your notices, your bank statements. Evidence is more persuasive than statements.

Listen and Respond

When the tenant speaks, take notes. When it's your turn to respond, address their points directly. If they claim they paid, ask for proof. If they raise maintenance issues, note that maintenance doesn't excuse non-payment.

Stay Focused on the Issue

An L1 arrears hearing is about rent owed. Don't get sidetracked into other disputes. Keep your responses relevant to the arrears claim.

New since September 21, 2026: staying focused just got easier

For applications you filed on or after that date, a tenant can't raise maintenance or other Tenant's Rights issues at the hearing unless they've first paid you half of the rent arrears you claimed, at least 7 days before the hearing, direct to you rather than held by the LTB in trust. If they haven't paid it, point that out and the hearing stays on the arrears. Applications you filed before September 21, 2026 aren't affected.

Common Tenant Arguments (and Responses)

"I paid in cash"

Ask for receipts. Note that your ledger shows no record of payment. Cash should still have a paper trail.

"The unit has maintenance issues"

Maintenance issues don't excuse rent non-payment, and they're a separate matter for proper channels. For applications filed on or after September 21, 2026, the tenant also can't raise this at your hearing at all unless they've paid you half the claimed rent arrears at least 7 days beforehand. Ask whether they did.

"I need more time to pay"

Since September 21, 2026, where a hearing was held, the LTB can postpone an eviction order only if you agree to it, or if it is satisfied a delay would not be unfair to you or other tenants AND there are compelling reasons. That governs postponing the order, not the adjudicator's power to set payment terms in it. Your agreement is still the easy route to a delay, so say clearly whether you are giving it; if you are not, the tenant has the harder test to meet. You can still offer a payment plan (your choice), and the adjudicator may set terms. Be prepared to say what you'd accept. Since July 1, 2026, any repayment deal you agree to at or before the hearing must be on the LTB's mandatory Payment Agreement Form (RTA s. 206), not an informal letter.

"I never received the N4"

Your proof of service is critical here. Explain exactly how you served it.

Payment plans must use the LTB's form (as of July 1, 2026)

Under section 206 of the RTA, a repayment plan filed with the LTB must now be on the Board's mandatory Payment Agreement Form. Informal payment-plan letters no longer qualify. See the LTB operational update for details.

If the Tenant Doesn't Show Up

If the tenant fails to appear, the hearing may proceed without them. You still need to present your evidence and prove your case. Don't assume you automatically win.

After the Hearing

The adjudicator may issue a decision immediately or reserve it. If you receive an order for arrears, the tenant has a deadline to pay. If they don't pay, you can file for enforcement. If either party wants the Board to review the order, the request must now be filed within 15 days of the order being issued (shortened from 30 days as of July 1, 2026).

Tips for Success

Arrive early and check in
Have all documents organized and accessible
Bring multiple copies of everything
Speak slowly and clearly
Reference page numbers when citing documents
Don't argue with the tenant. Present facts.
Answer questions directly
Be honest and don't exaggerate
Stay calm even if frustrated
Thank the adjudicator when you finish

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