Tenant in tears after losing high-profile ‘renoviction’ battle

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Sheriffs and police arrived on Thursday at 1270 and 1280 Webster St. in London to remove one of its tenants, the latest in a bitter, drawn-out “renoviction” saga between new owners and long-term residents. LFP’s Jack Moulton takes a look at what happened and why things haven’t changed despite growing public scrutiny of the controversial practice.

WHAT IS A ‘RENOVICTION’?

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The term stems from the use of an N13 eviction notice that mandates the termination of a rental lease on the basis that vacancy of the unit is required in order to undertake renovations or repairs.

Under provincial law, tenants have the right to return to the unit at the same rent once work is complete. Landlords also are required to provide rental top-ups or an alternate unit whether tenants return or not.

WHY ARE SOME RENOVICTIONS HARMFUL?

Though completely legal, critics charge evictions for renovations can be used by bad faith landlords to kick out long-term tenants who pay a significantly lower rent, and re-list the unit for a much higher market rate.

Some tenants are pressured into cancelling their lease with “cash for keys” (the payment of a lump sum to a tenant to willingly vacate the unit), increasing fees for services such as parking, or slowing building maintenance, sometimes before an eviction notice is even issued.

Low-income, disabled or senior renters may not be able to afford sky-high rent prices even with a rental top-up, which can lead to precarious situations.

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WHAT’S GOING ON AT THE WEBSTER BUILDINGS?

Rulings have come down from the Landlord and Tenant Board, a provincial agency that adjudicates disputes between landlords and tenants, against residents of 1270 and 1280 Webster St.

Several residents at the pair of 66-unit buildings have received eviction notices since May 2023, a month after Webster Apts. Inc. took over the buildings.

Michele Jollymore and her son Tyler, who live in a unit in one of the buildings, lost their hearing before the Landlord and Tenant Board and were ordered to vacate by Oct. 31. They were not able to find another place immediately, and were removed from the property by sheriffs and London police on Thursday.

“I only got maybe an hour sleep last night because of the stress,” Tyler Jollymore said. “It’s not the situation that we thought it was going to be, because (we) never should have had to go anywhere.”

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They have been able to find people with whom to stay, but have been trying to move their belongings into storage. With the locks to their apartment changed, they have 72 hours to meet with building staff to gather their items.

Remaining tenants are being lumped together into a single hearing that has yet to be ruled on, and Jollymore said his case has left them “terrified.”

The Free Press called the listed number for Webster Apts Inc. for comment, but did not receive a response before the publication deadline. The owner has said previously it plans to demolish the buildings.

WHAT IS THE CITY OF LONDON DOING?

London recently passed a bylaw attempting to crack down on bad faith renoviction, expected to take effect early next year.

The regulation would require landlords to obtain a $600 licence from the city within seven days of the work, an affidavit from the provider of the eviction notice, and sign-off from an engineer or architect that vacancy is required for the work.

City hall  also is stepping up proactive “blitzes” of apartment buildings to make sure landlords are adhering to property standards, and will host an annual tenant fair to educate Londoners on their rights.

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WILL THE MEASURES HELP?

Sharon Hodgson is both a tenant at Webster and a local leader with ACORN, a national tenant advocacy group. Thanks to a clerical error, her case was thrown out, but a new eviction order was served to her within 48 hours.

She said despite the attention the plight of residents at the Webster Street apartments is drawing locally and provincially, not much has been done to address it.

“City hall did have an opportunity when they were developing the new renoviction bylaw, but they missed a crucial piece . . . (mandating) alternate accommodations,” Hodgson said.

The city left the requirement out of the bylaw, citing existing provincial law and saying it would put too much onus on landlords with London’s low vacancy rate.

Despite this, city hall and council have committed to reviewing the bylaw after a year to make any needed changes.

jmoulton@postmedia.com

@JackAtLFPress

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