LTB application forms only have room for so many names. When yours does not, the Ontario Landlord and Tenant Board's Schedule of Parties is where the overflow goes, most often because three or more tenants share a unit or because more than one person is the landlord. There is also a separate Schedule of Parties for Multi-Tenant Applications, used when tenants in a building band together on one application; a landlord typically sees that one as the respondent.
The basics
| Completed by | The applicant, whenever the application form runs out of space for landlords or tenants |
| Timing | When the application is filed |
| Deadline | It goes in with the application |
| Filing | Alongside the application. Regular version on the Portal; for the multi-tenant version, one part of the LTB page says Portal and another says mail or courier |
| Fee | None for the schedule. Multi-tenant applications by tenants carry their own fee: $53 for the first unit, $5 per extra unit, capped at $450 |
| Next form | None |
Why every tenant has to be named
The Residential Tenancies Act, 2006 (RTA), s. 187(1), makes the parties to an application the landlord plus any tenants or others directly affected. The application and Notice of Hearing go to the parties you name. In practice, then, any adult tenant you want bound by the order has to appear somewhere in your filing.
The application forms set limits. Taking the L1 as an example, its instructions direct you to:
- put one landlord on the application and any others on the Schedule of Parties; and
- put two tenants on the application and any others on the Schedule of Parties.
The multi-tenant version serves a different purpose. Under s. 186(2), tenants of the same residential complex can file a single joint application "if each tenant applying in the application signs it". That is why every tenant entry on the multi-tenant form carries its own signature block.
When you need it
The standard Schedule of Parties is for situations like these:
- an L1, L2 or other application against three or more adult tenants who are on the lease or living in the unit;
- a co-owned property where each owner is a landlord;
- a superintendent, landlord's agent or subtenant who also needs to be named.
The multi-tenant form belongs to tenants applying together under s. 186(2). According to the forms page, multi-tenant applications have to be sent to the LTB by mail or courier. As the responding landlord, your first check is the signatures: s. 186(2) requires each applying tenant to sign, and the form repeats that requirement in every entry.
The Schedule of Parties is not a tool for adding someone to an application already on file. That requires an amendment under Rule 15, or a request that the Board add the party under s. 187(2).
Completing the standard schedule
The form asks you to use uppercase letters, typed or printed. Each page has three identical blocks, and each block asks for:
| Field | What to enter |
|---|---|
| Role | One box: Tenant, Co-op Member, Landlord, Co-op, Subtenant, Superintendent or Landlord's Agent |
| First Name / Last Name | For a corporate landlord, its exact legal name |
| Street Address, Unit, Municipality, Province, Postal Code | Usually the rental unit for a tenant; the address for service for a co-landlord |
| Phone | Day, evening and fax numbers |
Fill in "Page __ of __" on each sheet and add sheets as necessary. The "Office Use Only" file-number box stays blank.
The multi-tenant schedule
Its blocks carry the same role, name, address and phone fields, minus the co-op options, plus two additions:
- a signature section where the person ticks Tenant or Representative, signs and dates (dd/mm/yyyy); the form states plainly that a tenant must sign this part;
- for a representative signing on a tenant's behalf, an attached sheet giving the representative's name, mailing address, phone, fax and email.
As an illustration of the fee, a joint application by tenants of 10 units would cost $53 plus 9 × $5, or $98.
Filing
The regular schedule is uploaded together with the application on the Tribunals Ontario Portal. The multi-tenant schedule is a different story, because the LTB contradicts itself: its forms listing tags that version as a Portal filing, yet the fee table lower on the same page requires multi-tenant applications to arrive by mail or courier. Tenants bringing a joint application should ask the LTB which route it will accept before sending anything. Make sure every name is spelled exactly as it appears in your notice of termination and the lease.
Problems that lead to adjournments or weak orders
- An adult tenant left off. Anyone not named does not receive the application or Notice of Hearing. The Member may adjourn or refuse to make an order against that person, and where service has failed, Rule 5.17 permits an adjournment or dismissal.
- Names that differ from the notice. An N4 naming three tenants paired with an application naming two leaves the Member an inconsistency to sort out at the hearing.
- A co-owner missing from the landlord side. If the property has two or more owners who are each a landlord, name them all.
- The multi-tenant form on a landlord's application. It is designed for tenants filing jointly, not for landlords.
- Unsigned entries on a tenants' joint application. Section 186(2) requires a signature from each tenant applying; as respondent, point out any that are missing.
- Missing page numbers or illegible writing. The form asks for uppercase for a reason.
An order that omits a tenant who actually lives in the unit can create real difficulty at enforcement, so it is worth getting the list right before filing rather than trying to fix it afterwards.
After filing
When the LTB serves the Notice of Hearing, it serves every party you listed. Under s. 187(2), the Member may add or remove parties at the hearing. If you discover another adult tenant after filing, raise it right away rather than waiting until the hearing.
Schedule of Parties questions
How many tenants fit on an L1 before a Schedule of Parties is needed?
Two. Per the L1 instructions, the first two go on the application and the rest on the Schedule of Parties.
Should occupants who are not on the lease be listed?
The schedule is for parties: landlords, tenants and others directly affected (RTA s. 187(1)). Whether a given occupant is a tenant turns on the facts, so if you are unsure, get advice before you file.
What is the multi-tenant Schedule of Parties?
The list used when several tenants file one application together under RTA s. 186(2). Every tenant applying has to sign their own entry.
Does the schedule cost anything?
No; only the application carries a fee. For a multi-tenant application, that fee is $53 for the first unit and $5 for each further unit, to a maximum of $450.
What if I forgot a tenant?
Section 187(2) allows the Board to add or remove parties as it sees fit. Expect the hearing to be adjourned so the added party can be served.