Landlords: Can you cut electricity to collect arrears or evict?
A landlord battling a problem tenant may be tempted to bypass the delays and cost of legal action with some robust “self-help” action, like cutting electricity or water, or blocking access to the premises with a change of locks or access cards. The problem is that our law has always frowned on the concept of […]
Before you buy or sell property this festive season
If you are thinking of buying or selling property during the Festive Season (which is again this year showing signs of living up to its reputation as a particularly busy time for the property market) don’t neglect the legal aspects. There are many pitfalls awaiting the unwary and rushing into anything without taking proper advice […]
Landlords and tenants: Alert level 1 and the new eviction rules
The flood of lockdown lay-offs and salary reductions has left many tenants struggling to find rent money, and their landlords wondering how to cover their bond repayments and other expenses. Whether you are a landlord or a tenant (note that we are talking here only about residential leases) you need to be aware of the […]
Does an expired lease automatically continue month-to-month? At what rental?
Your residential fixed-term lease expires but for whatever reason you don’t sign a new one. Nor does the lease say anything about what will happen on expiry. Is there still any form of valid lease in place and if so what terms and conditions apply? What rent is payable? To avoid confusion over the answers […]
Evicting your troublesome tenant: More problems with PIE
“The effect of PIE is not and should not be to effectively expropriate the rights of the landowner in favour of unlawful occupiers. The landowner retains the protection against arbitrary deprivation of property. Properly applied, PIE should serve merely to delay or suspend the exercise of the landowner’s full property rights until a determination has […]
THE RENTAL HOUSING TRIBUNAL: I HAVE A COMPLAINT AGAINST MY LANDLORD / TENANT
Formed in 2001, the tribunal is comprised of five members (including a chair and vice chairperson) appointed by the Provincial Minister of Human Settlements, who each have expertise in property management, housing development and consumer matters pertaining to rental housing. The tribunal seeks to: Harmonise relationships between landlords and tenants in the rental housing sector. […]
BAD TENANTS: CAN YOU LOCK THEM OUT?
“I’ll answer him by law” (Shakespeare) It’s very tempting, when you have a bad tenant who doesn’t pay his/her rentals or otherwise remains consistently and unapologetically in breach of the lease, to slap the biggest and strongest padlock you can find onto the front door/driveway gate. Don’t do it! By taking the law into your […]