Archive for the ‘landlord advocacy’ Category

‘It’s one less house for people in need’: Collingwood landlord selling after being left with unpaid bills

Thursday, October 14th, 2021

Simcoe.com News: “The Ontario Landlords Association has lobbied the provincial government extremely hard during the pandemic to protect small mom-and-pop landlords,” he said.

“The good news is the (province) and the Landlord and Tenant Board are well aware of the issue due to our daily lobbying of MPPs and other officials.”

It’s a reality we are hearing across Ontario. Good small landlords who play by the rules and rent out high quality rental properties keep getting ripped off.

This leads to these high quality landlords to say “enough is enough” which leads to less quality housing around province.”

Landlord Al Truscott Is No Longer Going To Be A Housing Provider In Ontario

After 50 years of renting out properties, the retired Collingwood Collegiate teacher is selling out after a tenant left him shouldering a $1,900 water bill.

Truscott said he had no idea the bill was in arrears until he saw the envelope containing the invoice taped to the door of the unit.

The rules are just too unfair.
Tenants Kept Abusing The System And Not Paying Bills Or Rent

At one time, Truscott said, he had four properties he rented out. He started selling off his properties three years ago after a tenant skipped out on $3,000 in unpaid rent.

Along with a bill, he said, he also had to truck out three trailer loads of garbage, as well as furniture the former tenant had left in the front yard.

Truscott wonders why the Town of Collingwood didn’t give him the head’s up that the arrears were piling up.

“Otherwise,” he told Simcoe.com, “I would have dealt with it.” But no one did!

Collingwood’s treasurer Monica Quinlan said the municipality is bound by privacy legislation, and can’t notify a landlord until a disconnection notice has been served.

Too Many Small Landlords Are Getting Ripped Off And Moving On

A long-time member of the Ontario Landlords Association, said his organization has made the province and the Landlord and Tenant Board aware of the challenges many small landlords face when tenants leave behind debts or property damage.

“The Ontario Landlords Association has lobbied the provincial government extremely hard during the pandemic to protect small mom-and-pop landlords,” he said. “The good news is the (province) and the Landlord and Tenant Board are well aware of the issue due to our daily lobbying of MPPs and other officials.”

While a tenant has up to a year after vacating a property to file a grievance at the Landlord and Tenant Board, he said, a landlord has to try to track down a former tenant and go to small claims court to recover any losses.

Hopefully, changes coming to the Residential Tenancies Act will allow a landlord to avoid the small claims court process, and file against tenants who owe debts, such as a water bill, at the Landlord and Tenant Board.

“Our goal is to help both good landlords and good tenants succeed in a fair system.”

Quinlan said the town is working with Epcor to include an application for an agreement between the landlord and tenant that states the town would be entitled to communicate with the landlord on arrears.

“We have put forward many new processes to ensure that landlords are fully aware of their responsibilities with respect to water, including monthly letters that are issued to educate potential landlords as well as updates to the website and information in our tax bill insert,” she said.

A landlord can also keep the water portion of the utility bill in his or her name, as the water part of the bill follows the property (the electricity portion follows the customer).

“Water is a self-sustaining system, meaning it is not a ‘for-profit’ business — so if arrears do not get paid essentially it impacts all users,” she said.

Truscott is hoping to sit down with municipal staff to discuss the situation.

Amendments to the Residential Tenancies Act, 2006 (RTA) which will take effect on September 1, 2021

Wednesday, July 28th, 2021

Ontario Landlords Association Members have been very, very active making our voices heard since the Covid pandemic hit Ontario.

Whether it’s defending landlords in major media, countering arguments by the NDP and some Tenant activist groups, or being in regular contact with MPPs and the Ontario Landlord and Tenant Board, we were there.

By defending small landlords in a professional, mature and sophisticated manner that destroyed the negative stereotype of the ‘typical small landlord’ we are starting to see important changes that will help small landlords across Ontario succeed. We did it and the best is yet to come.

Please see some of the changes coming on September 1st, 2021 below.

This is a good start, but we’ve still got a lot more to go!

If you have questions or need help join our Ontario Landlord Advice Forums to network with experienced and successful Ontario landlords.

TO:                 Ontario Landlords Association Stakeholders

FROM:          Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

RE:                 September 1 Amendments to the RTA – What to Expect

In response to amendments to the Residential Tenancies Act, 2006 (RTA) which will take effect on September 1, 2021, the Landlord and Tenant Board (LTB) consulted on changes and additions to its forms and instructions, interpretation guidelines and Rules of Procedure.

Consultations were open from January 19 to February 5, 2021. During the consultation period, the LTB received 24 written responses from landlord organizations, tenant organizations, legal representatives and individuals.

We read and carefully considered all the submissions. The feedback we received has helped us to make changes that better meet the needs of tenants, landlords and their representatives. We have captured those changes in a “What We Heard” document, now posted to the Consultations page of the Tribunals Ontario website.

We want to take this opportunity to remind everyone of the changes to expect on September 1, 2021. The backgrounder September 1, 2021 Amendments to the Residential Tenancies Act, provides an overview of those changes.

Here at the LTB, we are preparing to post new and revised materials stemming from the amendments:

New materials:

  • Form L10: Application to Collect Money a Former Tenant Owes and Instructions
  • Brochure: Collecting Money a Formal Tenant Owes
  • Certificate of Service, Post-Tenancy
  • Request to Use Alternative Service Form
  • Brochure: How to Serve a Landlord or Tenant with Documents

Revised materials:

  • Rules 3,4,5
  • Guideline 11: Eviction for Failure to Pay Rent
  • Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion
  • Form L2: Application to End a Tenancy and Evict a Tenant and Form Instructions
  • Form T5: Landlord Gave a Notice of Termination in Bad Faith and Form Instructions

The LTB will accept the current versions of the L2 and T5 forms until September 30, 2021. Beginning October 1, only the new versions of the forms will be accepted.

We will be back in touch on Wednesday, September 1 to provide links to these new materials.

The LTB would like to thank everyone who provided comments and suggestions during our consultation process. While we may not have addressed all concerns or implemented all suggestions that have been submitted, we remain committed to providing fair, effective and timely dispute resolution services to the people of Ontario.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

The Landlord and Tenant Board Listened To The OLA To Help & Protect Good Landlords and Tenants

Friday, June 11th, 2021

The LTB Has Changed The Law To Ensure Fair LTB Hearings

Over recent months some individuals and some organized groups have attempted to disrupt Landlord and Tenant Board Hearings in an obtrusive manner.

This included recording Hearings, posting recordings online and harassing landlords and adjudicators.

Many small Ontario landlords who have had a Hearing have commented that these disruptions severely interfered with integrity and fairness of the LTB proceedings.

As important stake-holders we reached out to the LTB with a fair and strong message, as we have done for over a decade.

Our recommended changes have now been made into law!

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. So it’s fair.

Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

The OLA is happy our advice have been made into law and actions have been taken to protect both good landlords and good tenants.

It’s also stopped bad people from both sides from obstructing justice.

 

DATE:            June 8, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair and Lynn Dicaire, Registrar

RE:                 SPPA Amendments

The Landlord and Tenant Board (LTB) is committed to delivering administrative justice in a manner that is transparent, fair, independent, and accessible in accordance with the open court principle.

As you may know, there have been incidents of individuals and some organized groups recording LTB hearings without permission and posting the recordings on social media.

Effective June 3, 2021, a new section 29 has been added to the Statutory Powers Procedure Act making it an offence to record or publish a tribunal hearing unless an exception applies. Exceptions include unobtrusive recordings made by a party, representative or member of the media if authorized by the tribunal. The amendment was included in the Ontario government’s Supporting Recovery and Competitiveness Act, 2021.

This provision is similar to restrictions on recording court proceedings contained in the Courts of Justice Act. This amendment will help Tribunals Ontario ensure the integrity and fairness of its proceedings.

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. LTB hearings are open to the public, unless an LTB adjudicator has determined that a specific hearing should be closed to the public in accordance with the LTB Rules of Procedure.  Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Ontario Landlord Eviction Orders Can Now Be Enforced

Wednesday, June 2nd, 2021

June 3, 2021

TO:                 Ontario Landlord Association Stakeholders

 FROM:           Karen Restoule, Associate Chair

                        Lynn Dicaire, Registrar

 RE:                 Eviction Enforcement Resumes on June 3

The provincial Stay-At-Home order was lifted on June 2, 2021, meaning that Court Enforcement Office (Sheriff) can enforce Landlord and Tenant Board eviction orders everywhere in Ontario.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

——————————————————————————————

The ban on residential eviction enforcement was not extended and has ended today.  Evictions have resumed and landlords can now get eviction orders enforced. Forum members can get more information here.

How To Speed Up Getting Your Eviction Enforced

Monday, May 17th, 2021

May 14, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

RE:                 Expedited Enforcement of Eviction Orders

On May 13, 2021 the Government of Ontario announced that the stay-at-home order would be extended until June 2, 2021. Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act will also remain in effect during this time.

Ontario Regulation 266/21 states that the Court Enforcement Office (Sheriff) cannot enforce any Landlord and Tenant Board (LTB) eviction order unless the order asks the Sheriff to expedite the enforcement.  The Sheriff can resume enforcing all eviction orders after the Government of Ontario removes the regulation.

The LTB is continuing to hold hearings for all types of applications and issue orders, including orders for evictions. This will help ensure that tenants and landlords seeking resolution from the LTB are provided access to justice with minimal service delays.

The purpose of this memo is to provide information on when an eviction order issued by the LTB may include a request to the Sheriff to expedite enforcement.

Section 84 of the Residential Tenancies Act, 2006 (“RTA”) says that the LTB must include such a request to the Sheriff in the order where the tenant is being evicted for certain types of very serious conduct, and the adjudicator has not delayed the enforcement date pursuant to section 83(1)(b) of the RTA. The grounds for eviction in section 84 are:

  • Willfully damaging the rental unit
  • Using the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage
  • Committing an illegal act in the unit involving the production or trafficking of illegal drugs
  • Seriously impairing someone’s safety
  • Substantially interfering with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has three or fewer residential units

If a landlord believes that an eviction order should include a request to the Sheriff to expedite enforcement, but the application is not based on any of the grounds contained in section 84 of the RTA, the landlord may raise this issue during the hearing. The adjudicator may consider whether the tenant is responsible for an urgent problem such as a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex. The tenant will have the opportunity to make submissions on this issue if they are at the hearing.

If the hearing for the landlord’s eviction application has already been completed but the order has not been issued, the landlord may contact the LTB to ask the adjudicator who held the hearing to consider adding to the order a request to the Sheriff to expedite enforcement of eviction. Landlords can submit a request to expedite enforcement of the eviction by fax, mail or email. The tenant will have an opportunity to make submissions on this issue.

Eviction orders that have already been issued can only be changed if the order contains a serious error or a clerical mistake. If a landlord believes that an order contains a serious error, the landlord may file a request to review the order. If the landlord believes that the order contains a clerical mistake, the landlord may file a request to amend the order. More information on this process is available on the Application and Hearing Process page of our website.

We remain committed to updating you about operational planning and we are appreciative of your patience and cooperation as we continue to adjust our operations in response to the ongoing pandemic.

Sincerely,

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar