cover image: Residential Landlord and Tenant Act Public Engagement Survey - Submission to the Government of Yukon

20.500.12592/fttf44h

Residential Landlord and Tenant Act Public Engagement Survey - Submission to the Government of Yukon

4 Mar 2024

Direct adjudicators to order eviction only in cases where the consequences of continuing a tenancy would outweigh the consequences of eviction for the tenant. [...] • The consequences of eviction must be proportionate to the objective.1 In circumstances where a landlord has established the grounds for an eviction, seven Canadian provinces and territories allow residential tenancies adjudicators to consider alternative resolutions.2 Alternatives usually take the form of a “conditional order,” which is a binding order directing a tenant to resolve an issue. [...] • Direct adjudicators to order eviction only in cases where the consequences of continuing a tenancy would outweigh the consequences of eviction for the tenant. [...] In the alternative, some statutes, such as Ontario’s, aim to prevent unnecessary evictions by allowing landlords to end tenancies during renovations, but requiring them to re-rent the unit to the same tenant at the same rent once the work is complete. [...] While this system affords some important protections to tenants, it is open to abuse by unscrupulous landlords who can be motivated to evade their obligations.8 If Yukon opts to allow landlords to evict tenants in order to carry out repairs and renovations, it is therefore essential to require strict proof that the proposed work cannot be carried out while the tenant is in possession of the unit,.

Authors

Ayushman Banerjee

Pages
7
Published in
Canada