A man who bought a 40-hectare farm in the Toronto area two years ago says he’s still waiting to move in because a tenant refuses to leave – and says the body that has to rule on landlord-tenant disputes was too slow to act.
Sarbjit Sra, a real estate broker from nearby Brampton, bought the property in April 2020. He first went to the Ontario Landlords and Tenants Council (LTB) in June of that year to seek an eviction order on the grounds that he and his family want to live in the property, located about 60 kilometers northwest of Toronto. But the board did not rule in his favor until June 2021, and the order could not be carried out until LTB issued it in writing.
Almost 10 months later, Sra is still awaiting this written order.
“I can’t sleep at night right now,” he said. “We are very disappointed at the moment.”
He, meanwhile, says he faces about $ 10,000 a month to pay mortgages, taxes and utilities on the farm he bought for $ 1.75 million. He says the tenant refuses to pay rent or allow him to enter the property to inspect it for damage. Organizations representing landlords in Ontario say the situation highlights a growing problem – LTB’s apparent inability to resolve these disputes quickly and evict troubled tenants in a timely manner.
“Strange situation”
After this first statement, an angry Sra tried to speed things up by asking for two more expulsion orders. In November 2020, he filed an application on the grounds that the man had not paid his rent. This was refused, but the board ordered the tenant to repay the rent of almost $ 11,000. Sra says he hasn’t seen a penny of it.
Sra then applied for a third eviction order, also based on non-payment of rent, in June 2021. It was heard by the board in January last year and this time LTB agreed – in writing – to evict the tenant. But about a month ago, Sra was informed that the order had been canceled while it was being reviewed at the tenant’s request.
Sra and the assistant lawyer representing him say anything could have been avoided if the board had issued a written order on his initial application in time. An LTB spokesman rejected CBC Toronto’s request for an interview to explain the delay, but in the past the board acknowledged that the COVID-19 pandemic had led to backlogs.
Assistant lawyer Ajmer Singh Mandur says he has never known a client to wait nearly 10 months to receive a written expulsion order from LTB. He called the situation “strange.” (Mike Smith / CBC)
“Due to the relocation of human resources, there will be a significant delay [in] processing and scheduling certain types of applications, “a statement on the board’s website said.” Orders will be issued between 20 and 60 days, depending on the type of application. “
But Ajmer Singh Mandur, an assistant lawyer representing Sra, told CBC Toronto that he had rarely seen a candidate wait so long for a written order.
“I can say in my practice over the last 11 years that I have never been in such a strange situation,” he said.
CBC Toronto has requested an interview with the tenant through his legal representative. So far no answer.
The farm includes a barn, outbuildings and two neighboring units for rent – a country house and a connecting apartment. Sra says the lease requires a monthly rent of $ 1,140. LTB estimates that the tenant has collected back rent of almost $ 23,000.
“Property owners who buy a home they want to live in should not be forced to wait a year or more … and should not be prejudiced if tenants refuse to pay the rent,” said Rose Marie, deputy mayor. chairman of an organization called the Small Ownership Landlords of Ontario.
“Home renters are beginning to wake up to the fact that there is something seriously wrong with the system – it is broken. We expect changes in the near future. Not next year, now.”
Marie says that from 2019 to 2020, there were 41,621 eviction applications targeted at tenants who refused to pay their rent, resulting in losses for landlords of about $ 1.45 billion. The following year, due to the pandemic, the number of applications dropped to just 24,400, meaning a loss of rental income of about $ 856 million, Marie said.
Her organization called on LTB to hold more timely and effective hearings.
“We need changes in the speed of light,” she said.
The 40-hectare farm has a barn and outbuildings. Sra says he comes from an agricultural background and would like to grow this property. (Mike Smith / CBC)
“There is something broken inside that needs to be fixed,” Mandur said. “COVID has had an impact on these cases, but it has to do with planning; nothing to do with writing decisions. “
On top of that, Sra says he also tried to inspect the property after giving 24 hours’ notice, “six or seven times”, but was banned by the tenant.
“It’s a nightmare for me,” says Sra.
“I believe in our judiciary. I believe in the courts, I believe in LTB and I hope one day to gain possession.”
Add Comment