Most rent hikes on P.E.I. would be capped at 3% under new Residential Tenancy Act

Residential hire will increase can be capped at three per cent per yr underneath the brand new Residential Tenancy Act tabled within the P.E.I. Legislature on Tuesday.

Below the brand new act — which has been within the works since 2019 and replaces the 30-year-old Rental of Residential Properties Act — any landlord who applies for a bigger improve will even have that capped at three per cent, that means the best allowable hire hike in a single yr can be six per cent.

Landlords who don’t cost the utmost allowable improve annually can improve the hire accordingly if the prevailing tenant leaves voluntarily.

In September, IRAC had set maximum allowable rent increases — 5.2 per cent for unheated rental models or these heated with sources apart from furnace oil, and 10.8 per cent for models which might be heated with furnace oil and have warmth included within the hire — to be efficient Jan. 1.

IRAC’s rental caps drew criticism and outrage from many Islanders together with the Opposition, tenants, and inexpensive housing advocates.

On Nov. 3, a invoice launched by Housing Minister Matt MacKay was handed within the legislature, setting rental will increase for 2023 at zero per cent, that means IRAC’s proposed rental will increase would not apply. The province mentioned that freeze will stay in place if and when the brand new tenancy act passes.

A bunch representing Island landlords expressed frustration, saying that they had not been consulted and a zero per cent rental improve cap can be unsustainable given P.E.I.’s record-breaking charge of inflation. The landlords mentioned the cap would possibly even drive some individuals to promote their rental models altogether.

On Tuesday, when tabling adjustments to the brand new act, MacKay mentioned the federal government thought of about 250 written submissions, in addition to consultations with the general public and landlord and tenants’ rights teams.

“Clearly there was numerous issues, numerous points for this complete course of,” MacKay instructed reporters, noting work on the laws had begun underneath the earlier Liberal authorities of Wade MacLauchlan.

“I do really feel assured with the piece of laws that we tabled right here at this time. Is it excellent, is it going to maintain all people glad? Completely not. However on the identical time I feel it is as shut as we will get it.”

Along with the brand new most allowable hire will increase, key factors of the brand new laws embrace:

• Landlords can not cost penalties for if tenants are late paying their hire.
• Landlords should return safety deposits inside 15 days of a tenant leaving if there isn’t a injury to the unit.
• A tenant can not cost somebody who sublets their rental greater than what the owner at present expenses the tenant.
• Landlords should give 4 months discover for evictions with out trigger, and 6 months for “renovictions” — evictions for the aim of permitting renovations within the unit. That is up from two months within the previous act.
• The brand new act permits inspections for tenants and landlords at the start and finish of the lease interval, and permits the owner to conduct inspections mid-term with correct discover.

A earlier draft of the invoice was tabled within the fall of 2021, however authorities finally pulled that model, partially to include adjustments known as for by the Official Opposition.

Housing as a human proper

Inexperienced MLA Karla Bernard mentioned she was inspired to see within the opening line of the preamble to the invoice a recognition of housing as a human proper, one thing her get together had pushed for.

Bernard mentioned that may present steering to a choose or another authority attempting to interpret the that means and intent of the laws.

“The default goes again to human rights, how are human rights impacted by that? So it is slightly sentence that packs numerous punch.”

One thing the Greens requested for that is not within the invoice is a measure outlining the rights of tenants to maintain pets. The invoice solely features a prohibition in opposition to landlords stopping tenants from conserving service animals.

“With all the data popping out from the P.E.I. Humane Society and from completely different animal rights organizations saying that the Residential Tenancy Act is the fitting place to deal with these animal rights points, we have been very upset to listen to authorities say they only did not discover a method that they may incorporate that,” Bernard mentioned.

Earlier this week, the P.E.I. Humane Society reported it was seeing a surge in people surrendering their pets for adoption as a result of they could not discover inexpensive housing that allowed them to maintain companion animals. 

The province mentioned laws will nonetheless must be drawn up for the Residential Tenancy Act. Whereas no enactment date is included within the laws, authorities says the brand new regulation might come into drive as early as spring 2023.