After first promising to convey it ahead two years in the past, the P.E.I. authorities has tabled the primary overhaul of tenancy laws in P.E.I. in 30 years.
The brand new Residential Tenancy Act, if handed, would change P.E.I.’s Rental of Residential Property Act. The brand new invoice, launched within the legislature Nov. 15, locations a restrict of three per cent on yearly hire will increase for tenants. The present act doesn’t embrace a tough cap on yearly hire will increase.
This doesn’t essentially imply that hire can be permitted to extend by three per cent yearly. The Island Regulatory and Appeals Fee units the yearly allowable rental will increase after session with landlords and tenants. Within the earlier 5 years, IRAC had restricted allowable hire will increase to between 1.5 and two per cent.
However this fall’s IRAC order, permitting will increase of 5 per cent for unheated flats and 10.8 per cent for heated flats, prompted an outcry from tenants and housing activists. A invoice handed by the legislature quashed the IRAC order, setting hire will increase in 2023 to zero.
A consultant from Premier Dennis King’s workplace stated hire will increase for 2023 would stay at zero with the brand new allowable will increase taking impact beginning in 2024 if the act is handed.
Underneath the brand new laws, some landlords might be able to enhance hire to tenants past the yearly restrict, however they are going to be required to use to IRAC first. Will increase past the yearly restrict of three per cent are capped at an extra three per cent.
Talking earlier than the legislature on Nov. 15, Social Growth and Housing Minister Matt MacKay stated the federal government had consulted with the Opposition, in addition to landlord and tenancy teams.
“We’re proud to introduce this piece of laws that may defend and additional broaden on the rights of tenants whereas hanging a good steadiness on the rights and obligations of landlords,” MacKay stated.
Limits on renovictions
Within the midst of housing shortages, a number of tenants have steered in recent times that landlords have more and more renovicted tenants in a nasty religion method to be able to both promote a unit or enhance hire.
The brand new invoice gives new restrictions on evictions of tenants for renovation of models however doesn’t ban them outright.
The brand new act states that renovations should be “so intensive that they require vacant possession of the rental unit.” Landlords can be required to acquire all the required permits and approvals and apply to IRAC earlier than issuing eviction orders to tenants.
Tenants would even be granted a “first proper of refusal” to occupy the identical rental unit as soon as renovations are accomplished.
The act additionally limits tenants from charging those that are subletting a unit extra hire than they’re paying. It additionally requires landlords to offer a replica of inspection studies to tenants earlier than a unit is rented and units a most penalty of $10,000 for landlords discovered to have acted in dangerous religion in circumstances of evictions.
The act additionally states that housing is a human proper.
2022 ‘an distinctive 12 months’
In an interview, MacKay stated the three per cent cap within the present laws was primarily based on a mean of historic rental knowledge.
“Clearly, this 12 months, with the inflation as excessive as it’s, that is an distinctive 12 months, and it isn’t a superb path to comply with,” MacKay stated.
MacKay stated the invoice would doubtless not fulfill all tenants or landlords however “it is as shut as we’ll get.”
MacKay additionally stated the brand new laws would doubtless imply IRAC would want to have extra sources to take care of added purposes required from landlords.
Inexperienced MLA Karla Bernard stated she was pleased to see the laws had included suggestions from the Opposition calling for yearly hire caps, in addition to caps on will increase above yearly quantities.
Bernard additionally stated she was pleased that housing was acknowledged as a human proper within the laws.
“In anyplace the place there is a little bit of a confusion, the default goes again to human rights,” Bernard stated. “It is slightly sentence that packs a whole lot of punch.”
Regardless of this provision, IRAC is just not required to explicitly think about the hardship of tenants in circumstances involving hire will increase above yearly limits. Landlord will increase in capital prices are listed as an element to be thought of.
Bernard stated she was dissatisfied the brand new laws didn’t defend the rights of tenants to have pets of their models. She additionally stated the act won’t require the institution of a public rental registry, permitting tenants to see what hire was in a unit previous to shifting in.
Stu Neatby is a political reporter with the SaltWire Community in Prince Edward Island. He might be reached by e mail at [email protected] and adopted on Twitter @stu_neatby.