What are the common problems tenants have and what can they do about them?

What Does the Law Say?

The Rental Housing Act deals with the relationship between landlords and tenants. If there is a dispute between a landlord and a tenant then either of the parties can refer the complaint to the Rental Housing tribunal. (See: Making a Complaint to the Rental Housing Tribunal). Most problems that tenants and landlords have with each other can now be referred to the Rental Housing Tribunal. Some examples of these are:

• Rent and service charges increase and this was not part of the lease agreement. The Rental Housing Act states specifically what should be included in a lease agreement to try and prevent disputes arising. The lease agreement should include a section on when, and by how much, rent and service charges will be increased. The landlord must stick to the terms of the agreement.
  
• You owe rent so the landlord takes your belongings without a court order. The landlord may not remove any of your belongings without a court order. He or she should refer the problem to the Tribunal. If you are not paying rent because you believe the landlord is breaking the agreement (for example, not maintaining the building), then you should take steps to refer the matter to the Tribunal yourself, rather than refuse to pay rent.
  
• You owe rent, so the landlord takes away goods you are still paying off. If you are paying something off on an instalment sales agreement, for example a TV set, then it does not belong to you yet. The shop you bought the goods from is still the owner. Show the sales agreement to the landlord or Sheriff of the Court, or get the company to tell the landlord that they are the owners. The landlord or Sheriff of the Court can then not take the goods away. If they have already taken them away, you should immediately go and tell them that you are still paying the goods off. Take the sales agreement with you, or get the shop to telephone them.
  
• The landlord does not keep the property in good repair. The common law says that it is the landlord’s duty to do repairs and maintain the property in good condition. You are only responsible for maintenance such as painting the inside walls. You can write a registered letter to complain to your landlord if he or she is not doing maintenance. If nothing improves, you can make a complaint to the Rental Housing Tribunal.
  
• The landlord enters your house or flat in order to inspect it without your permission – The Rental Housing Act says that a landlord may only inspect premises in a reasonable manner after reasonable notice. You can complain to the Rental Housing Tribunal in your province. The complaint will be recorded. If the landlord enters the premises unreasonably and without notice again, he or she could be fined or even receive a maximum prison sentence of two years.

(See: Rental Housing Act)