Latest news with #tenantsrights
Daily Mail
2 days ago
- General
- Daily Mail
Major victory for renters after hated rule is revoked for millions of Aussies
Renters in Tasmania will no longer need to pay to get their carpets professionally cleaned when vacating a rental following a court battle over a 'small yellow stain'. A 'blanket' clause requiring tenants to get their carpets cleaned at the end of a lease was previously commonplace in contracts for rentals in Tasmania. It had not been legally tested but was protected by the Real Estate Institute of Tasmania (REIT) until a court dispute saw the clause recently overruled. The Residential Tenancy Commission (RTC) ruled carpets would only have to be professionally cleaned at the expense of the exiting tenant if they were found to be in a worse condition than they were at the start of the lease. The ruling came after the Tenants Union of Tasmania (TUT) represented a renter from Burnie, on the island's north coast, after part of their bond was withheld in order to pay for all the carpets in their rental to be professionally cleaned. It came after their landlord found a 'small yellow stain' on the bedroom carpet. The stain had not been recorded in the condition report and no other photos were supplied of any damage to the other carpets in the home. The RTC found the tenant was only responsible for the cost of cleaning the single stain and awarded their landlord $25 for cleaning. 'I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up,' the ruling stated. 'The owner is awarded $25 for carpet cleaning.' The RTC went even further, declaring tenants will no longer have to pay for professional carpet cleaning at the end of a residential tenancy. 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations,' the commission ruled. Tenants Union senior solicitor Andrew Smith told the ABC the ruling made the 'blanket clause' requiring carpets to be professionally cleaned 'invalid'. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that,' he said. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided.'
ABC News
2 days ago
- Business
- ABC News
Requirement for professional carpet cleaning at end of lease ruled invalid in Tasmania
Tasmanian tenants are not necessarily required to have their carpets professionally cleaned when they vacate their rental property, despite "almost all" leases saying they are, a ruling has found. In a recent bond dispute regarding a Burnie property, the Residential Tenancy Commissioner found the tenant is only required to have the carpet professionally cleaned if they leave it in a worse state than when they began their lease. "A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations," it states. The Tenants Union of Tasmania, which represented the tenant, said this was the first definitive ruling on the matter and was a legally enforceable decision. "It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid," Tenants Union senior solicitor Andrew Smith said. "A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. Mr Smith said despite the ruling, the condition to have carpets professionally cleaned was appearing in leases "all the time", as it was in the standard lease provided to landlords by the Real Estate Institute of Tasmania. "It is in the standard Real Estate Institute lease almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases," he said. The Real Estate Institute of Tasmania has declined to comment. In the case that led to this ruling, the Residential Tenancy Commissioner said the owner had provided a photo of a "small yellow stain on the carpet of one of the bedrooms, which was not recorded in the ingoing condition report". But no other photos had been supplied showing the condition of the carpet at the end of the tenant's lease. Hence, the commissioner said the tenant was only responsible for the cost of cleaning that one stain. "I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up," the ruling states. "The owner is awarded $25 for carpet cleaning." The case also dealt with the cost of fumigating the property, given the tenant had a pet. The tenant had argued the same principle should apply to fumigation as carpet cleaning, but the commissioner took a different view. "While I understand they seem similar in nature, carpet cleaning is predominantly cosmetic and the requirement can be determined based on outgoing photographs," the ruling says. "Fumigation is considered a necessary measure to return the property to a hygienic state and remove pests, dander and other allergens associated with pets in the premises. "Therefore, I am satisfied that a requirement for fumigation at the end of a tenancy is reasonable and is not inconsistent with the [Residential Tenancy] Act." The Tenants Union said it did not agree entirely with the commissioner's interpretation of the law. "We think it's a similar issue and that clauses requiring professional fumigation unconditionally are also invalid if they're not required by the condition of the premises," Mr Smith said. "Say if the tenant had a dog that always stayed outside or simply a fish in a fish tank, why is a tick and flea spray required inside the premises?"
CBC
2 days ago
- Health
- CBC
Free legal advice for tenants available at summer clinics across N.B.
Social Sharing As director of the University of New Brunswick's legal clinic, Jeannette Savoie says some of the most common legal questions she's asked are about how the province's rent cap works. Among the questions: Is the cap mandatory? What if a landlord raises rent more than three per cent? "A lot of time, when we answer questions for people, it's like, 'Huh, I didn't know I could do that.'" Savoie said she has seen even the most experienced renters taken advantage of by landlords, or paying unnecessary fees because of a lack of understanding of how rental laws work. For instance, she said, many people don't know there are costly consequences for improperly notifying a landlord of a lease termination. "I've seen people leave their tenancy without giving notice and then end up getting charged a fee or three months rent." She said a lack of knowledge about legal evictions is also common. "Tenants will come to us and ask questions, 'My landlord slid a note under the door saying I am evicted a certain day. Is that legal?' Well, no, it isn't." It's why she and several UNB law students have partnered with Public Legal Education and Information Service of New Brunswick on a tour of the province, answering questions about issues such as evictions, unit repairs, having pets in apartments and other common concerns. "It makes a huge difference," said Amber Chisholm, associate director of the legal education service said. "Being well-informed in a situation of crisis or stress can really help somebody make strategic decisions about their situation and also make decisions that are actually going to be effective for them." The clinics offer free, 30-minute sessions with a law student, who provides summary legal advice, and are supervised by a practising lawyer. The clinics are now underway in northern areas of the province and are scheduled to make stops in the south, ending in Saint John on July 21. Chisholm said the clinics can enable tenants to get legal advice early on during a tenancy to help them gain negotiating power with landlords and to avoid conflict before it escalates further. "Especially with tenants, there is often a sense of a power imbalance or a sense of urgency involved with kinds of legal problems that are affecting somebody's housing." Bridging a gap in rural areas with little pro-bono services Savoie said the clinics were strategically scheduled in areas where New Brunswickers can't easily access free legal help. "If I look at New Brunswick, the northeast probably has the least access to the services that you could find in Fredericton, Moncton and Saint John … just because of the rurality of everything," she said. Most of the pop-up clinics are located in areas that are open to the public, such as community centres and libraries. Nichola Taylor, chair of ACORN's New Brunswick chapter, said legal clinics like these are also crucial for renters with low to moderate income who might not be able to afford someone who can advocate on their behalf during a legal crisis. "There's no one there really to help them," Taylor said. "I'm sure often they feel like they're forgotten." Taylor said newcomers and other first-time renters should inform themselves about tenants regulations that are specific to the province -- but that can be difficult. "If you're a newcomer who may have a language barrier, for example, that's even harder to do," she said. While Chisholm said the clinics don't have official translators on site, they do offer services in English and French. She recommends people who might need assistance in another language bring someone who can help facilitate the conversation between them and the law student. To Savoie, helping tenants become empowered through these clinics is rewarding for her students. "They're there because they want to make a difference, and I think it all comes down to that." The next sessions are happening on Tuesday in Shippagan, and will travel through Tracadie, Campbellton, Bathurst, Miramichi, Edmundston, Woodstock and end at Saint John on July 21. A full schedule of the clinics is available here. As for the two commonly asked questions Chisholm referred to, she said landlords are obligated to comply with the cap in place in New Brunswick that makes it illegal to raise rent prices higher than three per cent per year. Tenants can file a request for assistance with the Tenant and Landlord Relations Office within 60 days of receiving a notice of a rent increase that does not comply with the rent cap, she said. Landlords can defend themselves before the office to justify the need for a greater increase.
Yahoo
4 days ago
- Business
- Yahoo
State Sen. Brad Hoylman-Sigal combined units to create his Manhattan co-op
State Sen. Brad Hoylman-Sigal has long spoken out about the need for more units to address New York City's affordable housing crisis — but has consolidated multiple homes in a pricey co-op to create a multi-million dollar apartment for himself. Between 2006 and 2016, Hoylman-Sigal and his husband combined three Greenwich Village apartments to form their 2,000-square-foot pad. There is no market value listed for the apartment, though with three bedrooms and three baths, the sale price would likely be in the millions. Hoylman-Sigal is an advocate for tenants' rights, slamming rent increases for rent-stabilized tenants and speaking out about the city's low vacancy rate. He is currently running for Manhattan borough president against Keith Powers, a current city councilmember. On a 2019 podcast, Hoylman-Sigal, who represents much of the west side of Manhattan, talked to host Jason Haber, a real estate entrepreneur, about the city's affordable housing problem. Haber said that consolidating units chips away at the city's housing stock and brought up an example of a wealthy New Yorker who combined nine apartments to form a single huge luxury home. Hoylman-Sigal agreed, explaining it makes financial sense for ultra-wealthy Manhattanites to buy multiple occupied units and merge them into mansions. He lamented this practice would force more rent-stabilized tenants out of their homes. 'On my block alone, on 10th Street, there's a software entrepreneur who's combining not one, not two, but three townhouses,' Hoylman-Sigal said, in an apparent reference to Sean Parker, a Facebook co-founder. 'It may be one of the largest townhouses in the Village by the time he's through with it. And I can't imagine to think how many families were pushed out of that residence over the years when he assembled this massive property. So it's a sad reality.' Parker's combination of the three mansions made headlines in 2016, although it does not appear he pushed any tenants out with his purchases. Hoylman-Sigal told the Daily News this week he had been referring to so-called 'Frankensteining,' or loopholes in rent stabilization laws that allowed landlords to combine or change apartments in order to hike rents up or push tenants out. That loophole was closed at the end of 2023 with the passage of legislation in Albany. Caroline Crowell, Hoylman-Sigal's campaign manager, cited his record on housing. 'In 2024, he helped secure more than 500 additional units of supportive and affordable housing in his senate district — in that same period, his opponent secured a paltry nine units in his council district,' Crowell said. 'The idea that the apartment he and his husband own in the Village has anything to do with Brad's record on increasing affordable housing is an absurd political hit.' The state senator also said he does not currently reside in the apartment, as he moved last year due to redistricting that shifted the bounds of the 47th District, which he represents.
CTV News
25-05-2025
- General
- CTV News
‘Outdated' rent regulations leave Alberta tenants in limbo
CTV News Edmonton's Nicole Weisberg talks to tenants of a housing complex who say rising rents from the new owner are forcing people to leave. Renter Riley Sikora sifts through papers on the front porch of his Hazeldean townhouse trying to find his latest rent hike notice from the new owners of Southwoods Village Townhomes. He first learned rent was going up Feb. 28 when he received notice that, in order to continue his month-to-month-tenancy, he'd have to pay $100 more in rent and a $50-per-month pet fee. Sikora said he moved into the complex – in the south-central neighbourhood – with his three cats about three years ago and paid a flat deposit for his pets. 'Four hundred bucks. And I asked them, 'What happened with that?' They told me that I had to take that up with the company that used to own this place,' he told CTV News Edmonton. A few days later, LiveTreo – the new group that owns Southwoods Village – informed him the February notice had a clerical error and he was sent a different one mid-March. That notice did not include a pet fee but did have a new $350 utility fee. Sikora said he is currently responsible for paying for waste and water but it's nowhere near the amount being asked. 'It sucks because a lot of the people in here can barely afford where we're at now,' he said. 'I am getting a $400 increase. Some of my neighbours are getting $500 or more increases.' Rent hike notice The second rent hike notice renter Riley Sikora received from the new owner of his townhome complex. (CTV News Edmonton) CTV News Edmonton obtained several rent increase notices from LiveTreo given to different tenants. The month-to-month renters face varying increases and fees, with pet fees ranging from $25 to $100 a month. Some residents with pets aren't being asked to pay extra for them. The notices state the rent hikes are to compensate for 'time-to-time normal increases in operating expenses.' Mold was recently discovered behind the walls of Shauna Ashton's basement, in an area prone to flooding. She said it aggravates her five year old daughter's asthma and doesn't feel it's fair to raise rent when major maintenance issues – like water leaks – have yet to be addressed. 'It doesn't make sense to me that you would front load these costs on the current residents as opposed to amortizing it over the next few years,' Ashton told CTV News Edmonton. 'They didn't do the proper research into what they are getting into, are surprised by what the costs are, and are now punishing tenants.' Townhome tenant Renter Shauna Ashton says her townhome basement has been flooding for years and hasn't been fixed. (CTV News Edmonton) Fees 'tricky' because they aren't included in legislation While rent rules are provincial, the City of Edmonton offers support to tenants including one-on-one advice over the phone. Homelessness Prevention program manager Caitlin Beaton called fees imposed on tenants 'tricky' since there isn't a section on fees in the legislation. Because of that, she said something known as common law applies, which is the precedent set from past court cases. 'Fees need to be considered reasonable and reflect the actual cost,' Beaton said. The absence of fees in the Residential Tenancies Act (RTA) is just one of many gaps in the legislation, said Laura Buckingham with the Alberta Law Reform Institute. The group investigates Alberta laws and recommends changes, if needed. It is currently reviewing the RTA. 'It's been about 20 years since the legislation was last reviewed. There's been a few minor changes since then, but that was the last sort of top-to-bottom review of the act,' she told CTV News Edmonton. 'There's parts of that legislation that go back 60 years and don't really match what's happening today.' Buckingham pointed to the absence of rules around short-term rentals such as Airbnbs and electronic payments. She said while common law can help fill in gaps in the legislation, people deserve clear rules. 'That's not obvious to people who aren't lawyers so it's really difficult for people to find out what they can expect.' Legislation is routinely monitored and updated: minister The provincial minister responsible for the act said it's routinely monitored and updated. 'In fact you probably noticed that we just amended it last week,' Service Alberta and Red Tape Reduction Minister Dale Nally told CTV News Edmonton ahead of a legislative session in mid-May. Nally was referring to Bill 38, which allows tenants and landlords to deliver a 'notice to vacate' through electronic communication if they are unable to do so in person or by registered mail. 'If anyone has an issue with a landlord, I would encourage them to go through the RTDRS because that is the avenue if they're being treated unfairly,' added Nally. Alberta's Residential Tenancy Dispute Resolution Service (RTDRS) offers a low-cost way for tenants and landlords to settle disputes. It has found, in past cases, that a landlord targeting a tenant with a rent increase was essentially an economic eviction – something prohibited by common law. But fighting a rent increase or fee isn't listed as an option a tenant can bring before the RTDRS. 'Because there's nothing in the legislation that says a tenant can apply to have their rent reviewed, they would have to have some other reason that they were going to the dispute resolution service,' said Cunningham. 'So it would really help to have some clear guidance in the legislation about how people can raise these kinds of issues.' In response, the minister's press secretary said in a statement 'tenants always have the option to take a dispute over rent (including fees that may be considered part of rent) to the RTDRS.' Buckingham said the Alberta Law Reform Institute's review of the RTA will likely take another couple years to complete. The impact of unclear rules At Southwoods Townhomes, Ashton said several renters moved shortly after receiving their rent hike notices 'because they didn't know what to do.' 'Including some of my daughter's friends, who she has grown up with her entire life, essentially,' she said. When LiveTreo first took over ownership, she said tenants received a letter stating it wanted to build a 'strong community' with 'unwavering strength like a tree.' But Ashton said the ownership group is doing just the opposite, imposing unjustified rent hikes. 'We have roots that go back 50 years and if you continue to trim the branches too much, the tree is going to die.' LiveTreo did not respond to CTV News Edmonton's requests for comment.
