How to Ask for a Rent Abatement at a Hearing
Building the request and presenting the evidence that supports it.
For Tenants
On this page
- What a rent abatement is and when it generally applies
- Step 1: Document the problem before the hearing
- Step 2: Work out a reasonable abatement amount
- Step 3: Raise the abatement request in your application or response
- Step 4: Present your evidence at the hearing
- What happens after you ask for an abatement
- Common mistakes that weaken an abatement request
What a rent abatement is and when it generally applies
A rent abatement is generally a partial refund or credit of rent already paid, ordered by the Landlord and Tenant Board (LTB) when a tenant has not received the full value of what they were paying for — most often because of a maintenance problem, a loss of a service that was included in the rent, or interference with reasonable enjoyment of the unit. It is not a penalty against the landlord in the way a fine would be; it is generally meant to adjust the rent to reflect what the tenant actually received during the period in question.
An abatement request typically comes up in one of two ways. A tenant can file a T2 (tenant rights application) or T6 (maintenance application) and ask the LTB to order an abatement as part of that application, or a tenant who is already a respondent in a landlord's application, such as an L1 or L2, can sometimes raise a request for an abatement as a defence or set-off if the issue is directly connected to the matter before the Board. In either situation, the request has to be grounded in a specific, identifiable problem with the tenancy, not a general sense that the rent feels too high.
Key point
An abatement is generally calculated as a percentage of rent for the period the problem existed, not a fixed dollar amount you pick yourself. The LTB member decides what percentage, if any, reasonably reflects the loss, based on the evidence presented.
Step 1: Document the problem before the hearing
Because an abatement is tied to a specific loss of value, the strength of the request generally depends on how well that loss is documented. Before a hearing date is even set, it is worth building a file that can stand on its own.
- Keep a dated log of the problem — when it started, what it affected, and how it changed day to day (for example, no heat for a stretch of days, a persistent leak, an elevator out of service in a building where that matters to your unit).
- Take photos or video with visible timestamps or metadata where possible, and keep the originals rather than only cropped copies.
- Save every written communication with the landlord or property manager about the issue, including maintenance requests submitted through a portal, text messages, and emails.
- Request copies of any work orders, repair records, or communications the landlord has, since these can later confirm or contradict the timeline you are presenting.
- Note any out-of-pocket costs you incurred because of the problem, such as a hotel stay, a space heater, or alternative laundry costs, and keep the receipts.
Our guide on repairs and maintenance in Ontario covers what a landlord is generally required to fix and how quickly, which is useful background for showing that a delay or failure to repair was not reasonable in the circumstances.
Step 2: Work out a reasonable abatement amount
There is no fixed formula the LTB applies to every case, but members generally look at the proportion of the rent that the affected part of the unit or service represented, how severe the problem was, and how long it lasted. A full loss of heat in winter for two weeks is treated very differently than a dripping tap that was fixed within a few days.
A useful starting point is to think in terms of a percentage of rent for the affected period rather than an arbitrary total figure. For example, a tenant might reasonably argue that a bedroom being unusable due to a leak represents some percentage of the overall value of the unit for the weeks it was affected. This is explained in more detail in our guide on what rent abatement actually means and when you can ask for it, which walks through how the LTB generally approaches these calculations. It is almost always worth presenting your own suggested percentage and the reasoning behind it, since an LTB member is generally more receptive to a specific, well-reasoned number than to an open-ended request to "reduce the rent."
Step 3: Raise the abatement request in your application or response
An abatement request generally has to be put in writing before the hearing, not raised for the first time once you are in the hearing room. The correct step depends on which side of the application you are on.
- If you are the applicant, state the request for an abatement clearly on the T2 or T6 application form itself, in the section describing what you are asking the Board to order, and attach a written summary of the problem and the period it covers.
- If you are responding to a landlord's application and believe a maintenance or service issue justifies an abatement that offsets what is being claimed, file your own T2 or T6 application where possible, or raise the issue clearly in any written response or disclosure you submit, so the landlord and the Board are not caught by surprise.
- Serve any supporting documents on the landlord within the disclosure timelines set out in the Notice of Hearing, since evidence that is not properly disclosed in advance may not be accepted at the hearing.
- Keep a copy of everything you file and serve, along with proof of service, in case the timeline or content of your disclosure is later questioned.
Common misconception
Some tenants assume they can simply mention the issue verbally at the hearing and expect an abatement to follow. In most cases, the LTB expects the request and the supporting evidence to have been disclosed in advance, and a request raised only at the hearing may be given less weight or may not be considered at all.
Step 4: Present your evidence at the hearing
At the hearing itself, the way the request is presented generally matters as much as the underlying facts. A clear, chronological walkthrough is usually more persuasive than a scattered account.
- Open with a short, specific statement of what you are asking for — for example, a stated percentage abatement for a defined date range — rather than a vague complaint.
- Walk the member through your timeline in order, referring to your log, photos, and written communications as you go.
- Explain what steps you took to notify the landlord and when, since the LTB generally looks at whether the landlord had reasonable notice and a fair opportunity to fix the problem.
- Address any out-of-pocket costs separately from the abatement request itself, since these may be treated as a distinct item of compensation.
- Be prepared to answer questions from the landlord's side or the member about gaps in the timeline, access for repairs, or anything that might complicate the picture.
Reviewing our general guide to what happens at an LTB hearing beforehand can help you anticipate the hearing's structure and reduce surprises about procedure, scheduling, or how evidence is typically introduced.
What happens after you ask for an abatement
After the hearing, the member generally takes the evidence under consideration and issues a written order, which may or may not be released the same day. If an abatement is ordered, the order will typically specify the amount and how it is to be applied — sometimes as a lump-sum payment, sometimes as a credit against rent owing, depending on the broader context of the case. If the order is part of a larger dispute, such as a landlord's application for rent arrears, the abatement may be set off against the amount owed rather than paid separately.
It is worth reading the final order carefully once it arrives, since it will set out any deadlines for payment or next steps. If a landlord does not comply with an abatement order, the enforcement options are generally the same as for other LTB monetary orders, which our LTB orders and enforcement guide explains in more detail.
Common mistakes that weaken an abatement request
Several recurring problems tend to undermine otherwise valid abatement requests. Being aware of them in advance can help you avoid losing credibility on an issue that might otherwise have real merit.
- Asking for a large percentage reduction without photos, written notice to the landlord, or any dated record to support the timeline.
- Waiting many months after a problem is resolved to raise it for the first time, which can make it harder to establish exactly when the issue started and how severe it was.
- Failing to disclose the request and supporting documents to the landlord in advance of the hearing.
- Treating the abatement request as a way to punish the landlord rather than as compensation tied to an actual loss of value, which is generally not how the LTB approaches these requests.
- Overlooking that the landlord may also submit evidence showing they responded reasonably or were denied access for repairs, which can reduce or eliminate the abatement that is ultimately ordered.
This article provides general information about Ontario landlord and tenant law.
It is not legal advice. For advice about a specific situation, consult a licensed
paralegal or lawyer, or contact the Landlord and Tenant Board.
Frequently Asked Questions
Generally, you can request an abatement as part of a T2 or T6 application, or raise it in response to a landlord's application if it is directly connected to the issues before the Board. It usually needs to be in writing before the hearing rather than raised for the first time in the hearing room.
There is no set figure. The LTB generally looks at what proportion of the rent's value was lost, for how long, and how serious the problem was, so the amount varies significantly between cases. Proposing a specific, reasoned percentage is usually more persuasive than an open-ended request.
No. In most cases a tenant should keep paying rent as normal and ask the LTB to order a refund or credit for the period affected, rather than withholding rent on their own, which can carry its own risks.
A dated log of the problem, timestamped photos or video, and written communication with the landlord about the issue are generally the most persuasive pieces of evidence, since they establish both the problem and when the landlord was made aware of it.
Generally, yes, though the amount is likely to be smaller, since the LTB tends to weigh how long the problem persisted and how serious it was during that time.
This is common, and it is one reason dated, written evidence matters so much. The member will generally weigh both accounts and any supporting documentation before deciding what, if anything, the evidence supports.
Often, yes, if they are directly tied to the problem, such as a hotel stay during a heating outage. These are generally treated as a separate item from the abatement itself, so it helps to list them separately with receipts.
A T2 application generally needs to be filed within one year of the issue, though waiting a long time to raise a problem can make it harder to establish the timeline clearly, so acting sooner is usually better.
This depends on the specific order. Some orders direct a direct payment, while others apply the abatement as a credit or set-off, particularly if the abatement is decided alongside a landlord's claim for arrears.
An unpaid monetary order from the LTB can generally be filed with the Small Claims Court for enforcement, in the same way as other unpaid LTB orders.
Yes, many tenants self-represent at LTB hearings. That said, for a complex or high-value claim, or if the landlord is represented, speaking with a licensed paralegal or lawyer beforehand can help you prepare a stronger, well-organized request.
Related reading
Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario