Request to Re-open an Application: When a Tenant Breaks an LTB Settlement

The Request to Re-open an Application is the Ontario Landlord and Tenant Board (LTB) form used to bring a settled case back before the Board. Landlords use it when a tenant breaks a mediated settlement, or misses a payment under a section 206 consent order, and the landlord wants a hearing on the original application.

At a glance

What the request is for

The form covers two kinds of resolved applications:

1. A mediated settlement reached with an LTB mediator (Dispute Resolution Officer). A mediated settlement is not an LTB order (Rule 13.7). A party may ask to re-open if the other party did not meet a term, if the requester lacked capacity, or if the other party coerced them or deliberately made false or misleading representations that materially affected the settlement (Rule 13.11).
2. A consent order for a repayment plan under s. 206 of the RTA, the order the LTB makes from a signed Payment Agreement on an L1 or L9. A landlord may re-open if the tenant fails to comply with its terms (s. 206(4)); either side may re-open for coercion or deliberate misrepresentation (s. 206(5)).

Re-opening is not available for an application decided by an ordinary LTB order after a hearing (Rule 13.13). Those are challenged by review or appeal.

When to use it (and when not to)

• Missed payment under an L1 consent order with an L4 term? You have a choice. If the order includes a term allowing an application under s. 78, you can file an L4 without notice and without a fee; the tenant is not heard first. Re-opening instead leads to a hearing on the original application. You may re-open even if the order has an L4 term (s. 206(5.1)).
• L9 consent order, or no L4 term? Re-opening is the route for a missed payment.
• Settlement under s. 194 with an L4 clause? An L4 is also available where the settlement provided for it (s. 78(1)).
• Do not use it to fix a typo in an order (use a Request to Amend an Order).

Deadlines and limitation periods

• s. 206 consent order, missed term: no later than 30 days after the tenant's failure (s. 206(6)). This period is prescribed and cannot be extended (O. Reg. 516/06, s. 56, item 19).
• s. 206 consent order, coercion or misrepresentation: within 30 days after the order was made (s. 206(5)).
• Mediated settlement: no later than one year after it was signed, unless the parties agreed to a longer time (Rule 13.12). This one can be the subject of a Request to Extend Deadline filed with the request.
• Service: serve the request and Notice of Hearing at least 15 days before the hearing (Rule 5.13; RTA s. 206(7)), then file a Certificate of Service.

Count each payment date separately: the 30 days runs from the specific failure you rely on.

How to fill out the Request to Re-open an Application, section by section

The form in use is dated v. 01/04/2022.

Part 1: General Information

Enter the file number of the application to be re-opened. Tick your role, then give your name, mailing address and phone numbers; the rental unit address; and the other party's details (use a Schedule of Parties for more than one). Under Related Applications, list any other LTB files about the same unit.

Part 2: Reasons for Re-Opening your Application

First choose how the application was resolved: a mediated agreement reached with an LTB mediator, or a s. 206 consent order for a repayment plan. Then choose one reason:

1. the other party did not meet a term of the mediated agreement or consent order;
2. the other party forced you into the agreement or deliberately gave false or misleading information that had a material effect on it; or
3. the requesting party lacked capacity to enter into the mediated agreement.

In the explanation, for reason 1 state specifically which terms were not met and how (s. 206(4) requires this for consent orders): the payment due date, the amount due, what was paid and when. For reasons 2 or 3, describe what happened.

Part 3: Signature

Tick requester, representative or other; add name and phone, sign and date. A representative adds licence number and contact details. Attach a copy of the mediated settlement where you are re-opening one (Rule 13.12).

Filing it

The LTB lists this form as filed through the Tribunals Ontario Portal, and lawyers and paralegals must use the Portal for it. The LTB schedules a hearing and issues a Notice of Hearing. You must then give the other party the request and Notice of Hearing (s. 206(7)) and file a Certificate of Service (Rule 3.8).

Mistakes that get it refused, voided or dismissed

1. Missing the 30 days on a consent order. The s. 206(6) limit is prescribed; the LTB cannot extend it.
2. Vague breach details. For a consent order, the Board will not hear the merits unless satisfied the tenant failed to comply with a term (s. 206(8)). Name the term, the date and the shortfall.
3. Not attaching the mediated settlement. Rule 13.12 requires a copy.
4. Trying to re-open an ordinary order. Rule 13.13 bars re-opening an application resolved by an order, other than a s. 206 consent order.
5. Serving late or not at all. Rule 5.13 requires service at least 15 days before the hearing; failure to serve can lead to dismissal (Rule 5.17).
6. Taking payments after the breach without thinking. Accepting late payments can blur which failure you rely on and when the 30 days started. Keep a clear ledger.

What happens next

At the hearing the LTB first decides whether the ground for re-opening is proven: a breach of a term, or coercion or deliberate misrepresentation with a material effect (s. 206(8)–(9)). If it is, the Board hears the merits of the original application and can make the order it would have made, including, on an L1, an eviction order. If not, the request is dismissed and the consent order or settlement stands.

Frequently asked questions

Should I file an L4 or a Request to Re-open?

If the L1 consent order lets you apply under s. 78, the L4 is faster: no notice to the tenant, no hearing first, no fee. Re-opening suits L9 orders, orders without that term, and cases where you want the Board to hear the whole matter.

Can I re-open after 30 days if the tenant keeps missing payments?

The 30 days runs from "a failure of the tenant to meet a term" (s. 206(6)), so on the statute's wording a later missed payment starts a fresh 30 days of its own. The LTB has not published guidance on how it treats a series of missed payments, so file promptly after the first one you rely on and get advice before counting on a later one. A missed payment more than 30 days old cannot be relied on on its own, because that limit cannot be extended.

Can the tenant re-open too?

Yes. Either party can re-open a s. 206 consent order within 30 days of the order for coercion or deliberate misrepresentation, and either party to a mediated settlement can re-open on the Rule 13.11 grounds.

Who serves the Notice of Hearing?

The party who filed the request gives the other parties the request and Notice of Hearing (s. 206(7)), at least 15 days before the hearing.

Official sources

• Request to Re-open an Application (PDF)
• Payment Agreement (PDF)
• LTB Rules of Procedure, Rules 5.13 and 13
• Residential Tenancies Act, 2006, ss. 78 and 206
• O. Reg. 516/06, s. 56

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.