Rick Stiebel/B次元官网网址 Gazette staff
Long delays and controversial decisions regarding Residential Tenancy Act hearings are hurting the rental market, says Claire Flewelling-Wyatt, managing broker for Pemberton Holmes.
B次元官网网址淢y biggest concern is with delays,B次元官网网址� she said. She cited as an example what happened after a 10-day eviction notice was issued to a tenant who hadnB次元官网网址檛 paid their rent for July. The tenant had a five-day period to pay the rent or dispute it and decided to dispute it.
B次元官网网址淭he hearing date is set for Oct. 4,B次元官网网址� noted Flewelling, who has been involved in property management for 20 years. B次元官网网址淭hat means the owner wonB次元官网网址檛 receive rent for July, August and September. By the time we get to the hearing, itB次元官网网址檚 always a 50-50 crap shoot. If we win, the chances of recovering those funds are practically zero.B次元官网网址�
Flewelling-Wyatt recalled a recent case where Pemberton Holmes was assisting a landlord pro bono in dealing with a tenant who hadnB次元官网网址檛 paid rent since March.
After winning the hearing, which didnB次元官网网址檛 take place until June 15, they obtained an order of possession to take hold of the property. The tenant asked for a review of the decision, which took two more weeks before an arbitrator maintained the initial order.
B次元官网网址淭he tenant didnB次元官网网址檛 move out so we had to get a writ of possession from the Supreme Court and hire a bailiff at a cost of $5,000,B次元官网网址� she explained. B次元官网网址淪o the owner was without rent for five months and had to pay another $5,000 for the bailiff as well.B次元官网网址�
Recent discussion about the shortage of rental properties in Victoria, where about 60 per cent of people rent, underscores the need for expedient decisions by the Residential Tenancy Office in settling disputes, Flewelling-Wyatt emphasized.
B次元官网网址淧eople arenB次元官网网址檛 going to want to rent when one bad tenant could bankrupt them,B次元官网网址� she said.
There also needs to be more consistency in the decisions, Flewelling-Wyatt added. B次元官网网址淓ach hearing is on a case-by-case basis, but decisions arenB次元官网网址檛 based on case law. IB次元官网网址檝e been attending arbitration hearings for 10 years and thereB次元官网网址檚 no rhyme or reason from one arbitrator to the next. There doesnB次元官网网址檛 appear to be any consistency with respect to their decisions.B次元官网网址�
A recent hearing involving an elderly tenant who had a fixed term lease and vacated the property two months early illustrates her concerns. B次元官网网址淲e tried to show some compassion on behalf of the owner by asking for only one month,B次元官网网址� she said. B次元官网网址淭he arbitrator ruled that the owner owed double the security deposit and we received no rent. The ownerB次元官网网址檚 out two months rent and an extra $575 for the security deposit despite the fact there was a legal binding agreement in place. WhatB次元官网网址檚 so frustrating is that another arbitrator could have made a completely different decision.B次元官网网址�
Flewelling-Wyatt believes a tight deadline of 30 days for all hearings needs to be established immediately. Presently, a monetary order regarding a damage to property claim for painting, cleaning or repairs can take up to six months.
B次元官网网址淭oo often, the tenant canB次元官网网址檛 afford to pay it or moves away, leaving the owner on the hook,B次元官网网址� she said, adding another area that needs to be addressed is the vagueness of the Residential Tenancy Act.
B次元官网网址淵ou wouldnB次元官网网址檛 believe how often the word B次元官网网址榬easonableB次元官网网址� comes up,B次元官网网址� Flewelling-Wyatt noted. ThatB次元官网网址檚 such an arbitrary word. We need to create a more level playing field. WeB次元官网网址檙e in danger already with the amount of Airbnbs taking up rental stock. If we donB次元官网网址檛 do something to ensure disputes are settled reasonably and quickly, more people are going to move away from renting their property.B次元官网网址�
