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Annual report of the Administrative Housing Tribunal: some worrisome trends

Annual report of the Administrative Housing Tribunal: some worrisome trends

Non-payment of rent: Too large a proportion of the files submitted!

Category

2019-2020

2020-2021

2021-2022

Rent-setting and revision

6 451

7 250

7 201

Non-payment of rent

39 284

24 094

32 322

Civil cases

23 475

20 404

24 458

TOTAL

69 210

51 748

63 981


Too large a share for non-payment of the rent: 32,322 files out of 63,981 are for non-payment of rent, i.e., 50.52%. A strong proportion on the rise for non-payment of rent files since the beginning of the pandemic: 46.56% (2020-2021), 33.91% (2019-2020).

This constantly rising proportion is worrisome because it is not only tenants who are affected by a tenant’s non-payment of rent, the landlord is also affected. If the rent is not paid, the landlord will have to find another financial solution to pay his mortgage. And a landlord who does not pay, will see the bank claim payment of his mortgage even at the risk of the landlord losing his building.

According to the tenant associations, non-payment will become more frequent as costs and inflation rise.

The APQ is therefore calling for more housing assistance for tenants, an increase in eligibility thresholds to give assistance to more tenants.

A new system for non-payment of rent is also needed to free up these long hearing delays. The security deposit remains, according to the APQ, the best way to achieve this with a procedure for non-payment that would make it possible to render a decision on the view of the file in the absence of contestation by the tenant.

Disproportion between cases initiated

63% are brought by landlords!

Civil cases

2019-2020

2020-2021

2021-2022

Landlords’ cases

13 497

12 424

15 419

Tenants’ cases

9 419

7 487

8 480

TOTAL CIVIL CASES

23 475

20 404

24 458


Retraction of a decision: Also a worrisome phenomenon!

Among the causes brought by tenants, 21.21% concern the retraction of a decision while it is only 3.46% for the causes of rental housing owners.

Tenants’ cases

9 419

7 487

8 480

Retraction of a decision

2 250

1 482

1 799



Landlord cases

13 497

12 424

15 419

Retraction of a decision

479

454

534


Files closed for lack of proof of notification


Type of conclusion

2019-2020

2020-2021

2021-2022

Requests closed due to lack of proof of notification

-

2 106

4 542

TOTAL Pre-Hearing requests completed

13 411

15 002

17 922

Percentages

0%

14%

25%


With the new procedures put in place where evidence must be notified within 45 days, 25% of the files are closed by non-production of these documents, a proportion of 25% which is too important: A recall procedure would be better.



About the author

Québec Landlords Association

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