Issues a Tenant Intends to Raise at a Rent Arrears Hearing: The 2026 Half-Arrears Rule

Issues a Tenant Intends to Raise at a Rent Arrears Hearing

The "Issues a Tenant Intends to Raise at a Rent Arrears Hearing" form is the Ontario Landlord and Tenant Board (LTB) form a tenant uses to give notice that they will raise their own complaints, such as repairs, harassment or illegal charges, at the hearing of a landlord's L1, L9 or L10. For applications filed on or after September 21, 2026, notice is not enough. The tenant must also pay the landlord half of the arrears claimed, at least 7 days before the hearing.

At a glance

Who uses it A tenant or former tenant responding to a landlord's rent arrears application (L1, L9, L10)
When Before the hearing, once the tenant has the Notice of Hearing
Notice period / deadline At least 7 days before the hearing (or case management hearing): written issues to the landlord and the LTB, and, for applications filed on or after Sept 21, 2026, payment of half the arrears claimed to the landlord
How it is served or filed Given to the landlord (or their representative) and filed with the LTB; payment goes directly to the landlord, not into the LTB
Filing fee None
Follow-on form None; the landlord may reply with evidence at least 5 days before the hearing

What the form is for

Section 82(1) of the Residential Tenancies Act, 2006 (RTA) says that at the hearing of a landlord's L1, the LTB must let the tenant raise any issue that could be the subject of a tenant application, if the tenant meets the requirements in s. 82(2). Section 87(2) applies the same rule to applications under s. 87(1) for arrears alone, which covers both the L9 (tenant still in the unit) and the L10 (former tenant). If the tenant succeeds, the LTB can make any order it could have made on a tenant application (s. 82(3)). For example, it can order repairs or grant an abatement that is deducted from the arrears.

Under s. 82(2), O. Reg. 516/06, s. 8.3 and Rule 19.4, the tenant must, at least 7 days before the scheduled hearing or case management hearing:

  1. give the landlord and the LTB a written description of each issue; and
  2. for applications filed on or after September 21, 2026, pay the landlord half of the rent arrears claimed in the application when it was filed.

Guideline 11 says the half payment must be made even if the tenant disputes the amount claimed, and cannot be paid into the LTB. The tenant does not have to use the LTB form. Any document with the same information will do.

When to use it (and when not to)

The form is for raising tenant-side issues within a rent arrears hearing. A tenant who only disputes the arrears figure does not need it; that is part of answering the landlord's application. A tenant who cannot or does not meet the conditions can still file their own T2, T6 or other application, heard separately (Guideline 11).

Issues that are not allowed under s. 82 can still be raised as circumstances for the LTB to weigh when deciding whether to refuse or delay an eviction under s. 83 (Guideline 11).

Deadlines and limitation periods

How to fill out the form, section by section

The form is version 2026/09, two pages.

Additional sheets may be attached.

Filing it

The tenant gives a copy to the landlord (or their representative) by a method allowed by the RTA or Rule 3, and files it with the LTB, which lists it for filing on the Tribunals Ontario Portal. There is no fee.

If you are the landlord responding

  1. Check the filing date of your L1, L9 or L10. If it was filed on or after September 21, 2026, the tenant must have paid you half the arrears claimed in the application as filed, at least 7 days before the hearing.
  2. Record every payment. Note the date, amount and method of everything received before the hearing and give a receipt. Payments received also need to appear on the L1/L9 Information Update, which you must give the tenant and the LTB at least 5 days before the hearing (Rule 10.2).
  3. Check the 7-day deadline for both the written issues and the payment. Bring the envelope, email or Portal record showing when the issues notice arrived.
  4. Object at the start of the hearing if the conditions were not met. Under Rule 19.5, the requirement cannot be waived except as the Human Rights Code requires.
  5. If the issues are properly raised, answer them. Serve your reply evidence at least 5 days before the hearing: repair records, work orders, entry notices, photos. Any abatement the LTB grants is deducted from the arrears (Guideline 11).
  6. Remember s. 83. Even issues that are not allowed under s. 82 can be raised as reasons to refuse or delay eviction. Since September 21, 2026, if the landlord does not consent to a delay, the LTB must be satisfied that the delay would not be unfair and that there are compelling reasons for it (O. Reg. 516/06, s. 8.4).

Mistakes that get it refused, voided or dismissed

These are the defects a landlord can fairly point to when a tenant tries to raise issues:

  1. Half the arrears not paid, or paid late, on an application filed on or after September 21, 2026 (s. 82(2), para. 4; O. Reg. 516/06, s. 8.3).
  2. Payment made into the LTB in trust instead of to the landlord.
  3. No written description of each issue, or one given to the landlord but not the LTB, or less than 7 days before the hearing (Rule 19.4(b)).
  4. Evidence not disclosed 7 days ahead. It may be excluded (Rules 19.6–19.7).
  5. Issues outside the tenant's own limitation periods, for example repairs completed more than a year before.

What happens next

If the tenant met the conditions, the LTB hears the arrears claim and the tenant's issues together, and any abatement reduces the arrears. If not, the issues are left to a separate tenant application, though they may still be weighed under s. 83.

Recent changes

For L1, L9 and L10 applications filed on or after September 21, 2026, the amended s. 82(2) and O. Reg. 516/06, s. 8.3 added the requirement to pay the landlord half the arrears claimed at least 7 days before the hearing. The form was reissued as version 2026/09, and Rule 19 and Guideline 11 were updated. Note one inconsistency: page 1 of the form still says a tenant may raise issues without the written description if the LTB member is satisfied they could not comply. Rules 19.5 and 19.5.1 keep that exception only for applications filed before September 21, 2026.

Frequently asked questions

Does the tenant have to pay half the arrears even if they say they owe nothing?

Yes, for applications filed on or after September 21, 2026. Guideline 11 says the payment must be made even if the tenant disputes the amount claimed. It is half of the arrears claimed in the application when it was filed.

Can the tenant pay the half into the LTB instead?

No. The payment must be made directly to the landlord, and the tenant should keep a receipt.

What if the tenant misses the deadline?

They cannot raise the issues at that hearing unless the Human Rights Code requires an exception. They can file their own T2 or T6, and the issues may still be relevant to whether the LTB delays or refuses the eviction under s. 83.

Does this apply to my L1 filed in August 2026?

The half-payment rule does not. Applications filed before September 21, 2026 follow the old version of s. 82 and Rule 19.5.1.

Official sources

Last reviewed October 31, 2026. This page is general information, not legal advice for your situation. Always use the current version of the form from the LTB.

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