London city councillor pushes for stronger tenant protections

A London man facing eviction says the city has to do more to help tenants who face being forced to leave their units when landlords want to renovate. 

And a city councillor is pushing to close a loophole in a bylaw meant to prevent tenants from being unfairly evicted. 

“I think tenants need to be protected a whole lot more. I haven’t been able to live a normal life with this cloud hanging over me,” said 63-year-old Darcy Barnes, who has lived in his Adelaide Street South apartment for almost a decade. 

Barnes suspects his landlord is trying to "demovict" him by telling him the building needs to be demolished and that he must leave.

It's an accusation that landlord Sean Wilson denies, saying almost $400,000 in repairs are required to make the 100-year-old building livable. 

"Nothing is up to code in this building. It's not safe, very unsafe, so I'm renovating the whole place completely. I'm ripping the full inside out and converting it to a two-unit property," said Wilson.

Barnes was initially served an N-13 notice,  a legal form a landlord uses to inform a tenant they must move out because they intend to perform extensive repairs or renovations, or convert the unit to a non-residential use. Wilson later filed a different notice with the city, citing demolition as the reason for eviction.

Current rules require landlords to pay $600 every six months for a residential rental repair licence when they serve a tenant with an N-13 notice citing renovation as the reason for eviction. That's the loophole that Ward 13 Coun. David Ferreira wants to close. 

Ferreira said the bylaw should be broadened to require a rental repair license for demolitions and conversions to non-residential use. 

"We're just trying to close the loophole and give extra protections for tenants who need it," he said. "There are a few ways to combat homelessness. One is outside the front door, and one is inside the front door. We want to make sure that we can stop homelessness before it even happens."

The push hinges on the claim that some landlords are taking advantage of options not covered by the bylaw to carry out so-called "demovictions."

Wilson said he filed the initial notice before he learned the true scope of the issues plaguing the property, including unsafe wiring and heating systems, leaking pipes, an unpermitted addition, and more. The work will involve structural changes and requires a building permit, he added.

"It feels like the landlord has no rights anymore. I can go move in somewhere tomorrow, and if I don't want to leave, I can stay for months and [the landlord] loses his money," Wilson said.

The London Property Management Association, which represents landlords in the city, said it believes the bylaw, as it stands, "represents a balanced approach."