How Costs and Fee Waivers Work at the LTB
A general overview of LTB filing fees and when a waiver may apply.
A general overview of LTB filing fees and when a waiver may apply.
Filing most applications with the Landlord and Tenant Board generally requires paying a fee at the time the application is submitted. The specific amount can vary depending on the type of application being filed — a landlord's application about unpaid rent, a tenant's application about maintenance, and other categories of application don't necessarily carry the same fee. Because these amounts are set administratively and can change over time, the most reliable way to confirm the current fee for a specific application is to check directly with the LTB when preparing to file, rather than relying on a number remembered from an earlier filing or a general article like this one.
It's generally the applicant — the party starting the proceeding — who pays the fee at filing, regardless of how the matter is eventually decided. This is a separate question from who ultimately bears the cost of the dispute in a broader sense, which is addressed later in this article.
It's also worth knowing that fees can generally be paid online, in person, or by other methods depending on how the application itself is filed, and that payment is typically a condition of the application being accepted for processing at all — an application submitted without the required fee, or a valid fee waiver request, generally won't move forward until that's resolved.
The filing fee generally covers the administrative cost of processing an application and scheduling it for a hearing — it's not a fee for winning, and it's not refunded simply because the applicant's case doesn't succeed. It also doesn't generally cover costs like time off work to attend a hearing, the cost of obtaining professional reports or inspections, or fees paid to a paralegal or lawyer for representation, all of which are separate considerations a party should budget for independently of the Board's own filing fee.
Understanding this distinction matters when planning for an LTB matter: the filing fee is often the smallest and most predictable cost involved, while the larger, less predictable costs tend to come from preparation time, potential professional help, and the practical disruption of attending a hearing.
Paying the LTB filing fee doesn't guarantee a particular outcome, and it generally isn't refunded if the application is unsuccessful — it covers the administrative step of bringing the matter forward.
Recognizing that the filing fee can be a genuine barrier for some people, the LTB generally offers a fee waiver process, which allows an eligible applicant to have the filing fee waived — meaning they don't have to pay it — based on financial hardship. A fee waiver generally isn't an automatic entitlement; it typically requires submitting a specific request and supporting financial information for the Board to assess against its own published criteria.
It's worth being clear that a fee waiver addresses only the Board's own filing fee. It generally doesn't cover other costs associated with pursuing or defending a case, such as paying for a paralegal, printing evidence, or other practical expenses tied to preparing for a hearing.
Eligibility for a fee waiver generally depends on an applicant's financial circumstances, often assessed against criteria tied to income thresholds or receipt of certain government income support. Because these criteria and thresholds can be updated over time, the most accurate and current information generally comes directly from the LTB's own published fee waiver guidance rather than a fixed number repeated indefinitely in secondary sources.
It's generally worth applying for a waiver if there's a genuine concern about affording the fee, since the application process itself typically doesn't cost anything beyond the time it takes to complete the required form and gather supporting financial information.
Some assume a fee waiver is only available to tenants. In practice, fee waiver provisions are generally available to any eligible applicant who meets the financial criteria, regardless of whether they're a landlord or tenant.
Applying for a fee waiver generally involves completing a specific LTB form requesting the waiver and providing supporting financial information, which may include details about income, government benefits received, or other relevant financial circumstances. This is generally submitted alongside, or shortly after, the underlying application itself, since the fee is otherwise due at the time of filing.
Because processing a fee waiver request takes some time, it's generally wise not to wait until the last possible moment before a filing deadline to request one, particularly if the underlying application itself has its own time-sensitive deadline tied to a notice or other event.
Beyond the Board's own filing fee, both landlords and tenants should generally plan for a range of other potential costs tied to an LTB matter. These can include fees paid to a paralegal or lawyer for advice or representation, costs of obtaining copies of records or professional reports relevant to the case, costs of serving documents on the other party where a process server or courier is used, and the less tangible but very real cost of time spent preparing evidence and attending a hearing.
For a landlord, there can also be costs tied to the underlying dispute itself regardless of the LTB process — ongoing lost rent during a dispute over non-payment, for example. For a tenant, there can be costs tied to disruption, such as needing alternative arrangements while a maintenance issue remains unresolved. These broader costs are generally separate from, and often larger than, anything the LTB charges directly.
In some circumstances, the LTB may order one party to pay costs to the other, though this is generally reserved for specific situations rather than being a routine feature of every decision — for example, where a party's conduct during the process was found to be unreasonable, or in certain circumstances tied to the outcome of the specific type of application. This is a distinct concept from the basic filing fee, and it's not something a party should assume will happen as a matter of course simply because they win their case.
Because cost awards are generally the exception rather than the rule, it's realistic to plan an LTB matter on the assumption that each side will generally bear their own costs of participating, rather than expecting the losing side to automatically cover everything.
Putting this all together, a realistic budget for an LTB matter generally starts with the filing fee (or a fee waiver request, if eligible), and then accounts separately for any professional help sought, costs of preparing and serving evidence, and the time commitment of the process itself. Being realistic about these costs upfront — rather than assuming the process will be free beyond a small administrative charge — tends to lead to better decisions about whether to pursue a matter, settle it, or seek professional advice early rather than partway through.
For a dispute involving a relatively small amount of money or a narrow, single issue, it may genuinely make sense to handle the matter without paid representation, relying instead on the Board's own guidance materials and careful self-preparation. For a more complex matter, with multiple issues, significant amounts at stake, or a genuine legal question involved, budgeting for professional advice early tends to be a more realistic approach than trying to save that cost and risking a weaker presentation at the hearing itself.
Our deadline checker and evidence organizer tools can help manage some of the preparation work independently, which can reduce reliance on paid help for more straightforward matters.
Fees generally vary by application type and can change over time, so it's best to confirm the current fee directly with the LTB when preparing to file.
Generally no. The filing fee covers the administrative cost of bringing the application forward and generally isn't refunded based on the outcome.
A fee waiver generally lets an eligible applicant avoid paying the filing fee based on financial hardship, assessed against the Board's own published criteria.
Generally, yes — fee waiver eligibility is typically based on financial circumstances rather than whether the applicant is a landlord or a tenant.
No. A fee waiver generally only applies to the LTB's own filing fee, not to any separate costs of hiring representation or other preparation expenses.
Generally by completing a specific LTB form and providing supporting financial information, submitted alongside or shortly after the underlying application.
Not automatically. Cost awards between parties are generally reserved for specific circumstances, such as unreasonable conduct, rather than a routine feature of winning.
Generally, yes — representation fees, document preparation, service costs, and time away from work are all realistic costs beyond the Board's own filing fee.
Processing time can vary, so it's generally wise to submit a fee waiver request as early as possible rather than close to a filing deadline.
Generally, the applicant would then need to pay the regular filing fee to proceed. Confirm current options and any next steps directly with the LTB.
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