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A landlord must apply to the Branch in writing to
substitute a service or facility. The landlord should apply before
making any changes. There isn’t an actual application form for the
landlord to complete; the landlord should send a letter to the
Branch outlining their proposal. The landlord should apply to the
Branch at least one month before they plan to substitute the
service or facility.
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Whenever possible, a landlord should give each
tenant, affected by the substitution, notice of the change. The
landlord should notify the tenants at the same time as they send
their application to the Branch.
<><><><> When a landlord applies for a substitution of a
service or facility, the tenants affected by the change have the
right to come to the Branch to inspect the landlord’s application
and supporting material. If the residential complex is outside
Winnipeg, Brandon or Thompson, the Branch arranges for the tenants
to inspect a copy of the file in or near their community. To inspect
a file, tenants must show two pieces of identification to prove that
they live at the residential complex.
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Tenants can comment, in writing, about the
application. The landlord has the right to see and respond in
writing to any comments the tenants give to the Branch. While
tenants and landlords may discuss the file with Branch staff, the
Branch will consider only written comments when making a decision on
an application for substitution.
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When inspecting a file, tenants and landlords
can’t remove any information from the file or photocopy it. They can
make their own written notes about the material. The Branch does not
have the authority to provide photocopies of this information.
<><><><> Sometimes the substitution is beyond the
landlord’s control. If this happens, the landlord must still apply
to the Branch, but the landlord can apply after they’ve made the
substitution.
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The Branch decides if the service or facility the
landlord plans to substitute has the same value as the service or
facility offered in the current tenancy agreement. If the
substitution is of a lesser value, the Branch may decide to reduce
the rent as compensation for the reduced value.
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If the Branch issues an Order reducing the rent,
the Branch will also say when the tenants will start to pay the
"new" rent. This Order doesn’t affect or change the anniversary date
on a rental unit. For example: A landlord increases rent on the
anniversary date, June 1, 2001. The landlord then applies to
substitute a service or facility. The Branch issues an Order
reducing the rent effective November 1, 2001. On June 1, 2002, the
landlord is entitled to increase the rent again.
<><><><> Here are some examples of substitution of
services or facilities:
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changes to building codes, fire and safety bylaws; For
example: The City of Winnipeg changed their By-law to improve
life safety in Existing Residential Occupancies. This change
meant that landlords had to modify the garbage chutes located on
each floor in their buildings. In some older buildings, the
landlords could not do the work necessary to make their chutes
comply with the by-law. These landlords had no alternative, but
to seal off the chutes on each floor and provide a central
garbage disposal facility; or
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