How to Win an LTB Arrears Hearing
Practical strategies for presenting your arrears case at the Landlord and Tenant Board—from preparation to presentation.
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:
- State what you're asking for (eviction, arrears order, etc.)
- Explain the tenancy basics (address, rent amount, rent due date)
- Walk through the arrears chronologically using your ledger
- Reference specific documents as you go ("As shown on page 3...")
- 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.
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. They're a separate matter that should be addressed through proper channels.
"I need more time to pay"
You can offer a payment plan (your choice), but the adjudicator may also set terms. Be prepared to say what you'd accept.
"I never received the N4"
Your proof of service is critical here. Explain exactly how you served it.
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.
Tips for Success
Related Resources
Be Prepared for Your Hearing
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