Why are there tenancy boards?

[kathryn d]

We lost our first tenancy hearing this week.The new officer didn't know what a fixed term lease was.Not usual for Nova Scotia. Rob didn't want to argue this time,cause we know we will have another hearing eventually. I said if she rules against us next time we appeal, cause we were right.

Tenants had a 2 month fixed term lease.Decided to leave after 1 month.Gave us written permission to find new tenants to mitigate their their finacial responsibility for the second month.They also never paid for the second month.
The new tenants moved in after their lease expired.

Tenancy officer said they don't need to pay for the apartment after they moved out, even though they only gave 3 weeks notice.So we have to return their bond that we had used towards their unpaid rent and we can't collect the remainder. We are are out $680.

Honestly, why do landlords have to follow any rules? The properties belong to us, why can't we enforce them as we see fit. If tenants don't like it, MOVE!!!
I understand the general rules such as a lease would include, but that is because it is a contract
When a tenant breaks a landlord property rule or failure to pay, why must we get permission from a third party to evict?

I think landlords are more like surrogate parents to tenants.

 

[sailor]

I agree with you Kathryn...the tenacy boards, do tend to favour the tenant, with the landlord taking last place. I for one would like to see a more equitable system, where the needs, rights and obligations for both parties are considered equally.

Whilst this may sound airy-fairy...I honestly believe that most situations can be win-win. It is not fair when one party is so sorely disadvantaged.

 

[duncan_m]

I for one would like to see a more equitable system, where the needs, rights and obligations for both parties are considered equally.

I agree... most importantly I'd like to see the amount of the bond reflect the legislative framework for eviction for non-payment.

In SA, we can collect 4 weeks bond (for properties under $250pw).. yet the process I have to go through in order to evict a non paying tenant can take 10-12 weeks and sometimes more.

I know.. I know.. "tell 'im he's dreaming"..

 

[sailor]

Equity in the Votes

Duncan...maybe you are not dreaming. We landlords are very well aware of how biased these boards can be. It seems to me as though they all favour the tenant because over over the years the "squeaky wheel" has been well oiled.

I'm wondering what would happen if all the landlords in Oz banded together and signed a petition to have the system revised to be more equitable.

Somewhere on this forum I read that 30% of Aussie RE is IP. So that's a lot of equity in the voting system.

Legislation gets changed when the appropriate avenues are followed. We make up a goodly proportion of the vote, and we provide good taxes for the govts.

Has anyone on SS had any experience with lobbying to change legislation? What would be have to draft? How would we get it signed? Could we do it on a web page? Who would we send it to?

 

[duncan_m]

I'm wondering what would happen if all the landlords in Oz banded together and signed a petition to have the system revised to be more equitable.

Well.. I'd sign it.. but I dont have the energy to become a moving force in the fight..

I'll just emit my usual whinges when the opportunity presents itself and get on with things

 

[Bargain Hunter]

It seems the same wherever there is a dispute and an organisation in place to mediate. The mediator does not consider the information put before them, they are heavily biased towards the party with the least (sic) power.

If you are a tenant then you may not be in the right, but why should the greedy landlord win?

We had a similar experience with the Dept of Fair Trading. They ruled against us as a business saying the goods were not of saleble quality. OK if that's the case we would like to seek compensation from the importer. The answer, your in business so you will need to take them to court.

But I'm also a consumer...

OK then, we won't claim but we will give you the name of the importer and you can stop them importing products of 'inferior' quality. No, we are only here to protect the end user.

But the end user will be protected if the goods aren't allowed to be sold in the first place.

Blah, Blah, Blah... I know I go on but the fact is these departments don't give a damn. They're Judge Judy's and the decision is binding.

Forget the facts, just show me the disadvantaged.

Regards

Andrew

 

[Xenia]

Tenancy legislation was put in place for a good reason, to stop harsh landlords taking advantage of tenants and to establish that tenants have a right to a good and private home without the landlord interfering with their personal lives. But like all legislation that was put in place to protect people, someone has invented a way to abuse it! There are lots of "professional tenants" using the tenant-fafourable laws to live somewhere for free.

I agree, legislation should be fair to landlords as well as protect tenants. I belong on the property management committee of the South Australian Real Estate Institute, we have been addressing "holes" in the legislation with the SA tenancy tribunal for years with yet no real resolutions. It is still tenant-biased!

 

[geoffw]

My experience in Australia has been that the hearings have provided some slack to the tenants- but that they do not tolerate repeated abuses.

With a flock of bats (bottom of the pool when I bought them) there was an above average number of late rent payments.

There were a number of hearings- most people were given second and third chances. My PM attended all the hearings, I only ever attended one, just out of interest. (That's why I like PMs!)

But the third chances were given no more slack- I have had two evictions- another one got very close. I ended up not losing very much over unpaid rent (3 months for one unit- but then I'd had almost 100% payment from the other 8 units. so not a big backward step).