Go Back  British Expats > Living & Moving Abroad > Canada
Reload this Page >

Advice on renting:

Advice on renting:

Old Feb 12th 2019, 5:08 am
  #1  
BE Enthusiast
Thread Starter
 
Joined: Sep 2016
Location: Calgary, AB
Posts: 327
suzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond repute
Default Advice on renting:

Hi folks.
Just looking for a bit of advice from possible landlords on here or other renters who’ve potentially been in a similar situation.
My husband and I have only ever rented properties- here in Canada and in the U.K.
At the moment we’re renting from a private landlord- a house in Calgary. It was built in 1910 and has clearly been erm, let’s say, added to (read bodged!) over the years. The furnace was also fitted in 1930. Not only that but it’s that super old “double glazing” whereby- it isn’t actually double glazing at all. Just a thin window pane, and then 2 inches set back, another window pane. So no air lock etc. Also metal frames. And the house clearly has no insulation.
Before we moved in last July the landlord promised there would be a new furnace fitted. The new furnace is actually sitting in the basement waiting to be fitted.
Nothing happened so my husband contact him a few times to try and get it done.
Obviously in the summer when you’re boiling hot it’s less of an issue!- and fortunately until the last 2 weeks the winter has been very mild!
But in December we asked again and he got several companies to come out and get quotes. Then all went quiet again.
Our contract was for 6 months. So mid January. The 6 months came and went and we all kind of forgot about the contract.
Unrelated, my husband contacted him again about the furnace and he basically said he had no intention of replacing the furnace because it wasn’t broken and that he apparently never told us in the first place that it was going to be replaced.
He asked us what we had our thermostat set to. We said 21 degrees, because as soon as it got to that and turned itself off, the house would cool down incredibly quickly. He then told us we had our heating set too high, and he has his in his home set to 15 degrees.
He then asked if we were going to sign another contract for another 6 months or not.
At the time we didn’t really have any other option as my husband travels a lot and we didn’t have time in that moment to look for a new place so we said we’d sign a new contract. As of yet- we haven’t had a new contract and haven’t signed anything or had anything signed from him.

About a week after that conversation this awful cold snap hit Calgary. (If you’re around here you’ll be as fed up of it as I am!) but basically we have our furnace still set to 21 degrees and the furnace won’t actually heat the house to more than 8 degrees. It’s literally been on permanently and if anything is maybe just stopping the pipes from freezing- but it’s never gotten to more than 8 degrees since this cold weather started.
We then have to have two electric heaters plugged in on top of that- with all 3 on the house gets to about 10-11 degrees if we’re lucky. So on top of that we’re buying wood for our wood burner (fortunately the house has one!) and are heating the house with that when we’re in. It means our utilities + wood are costing us a fortune- and this house is quite clearly not habitable and is making us miserable, not only because we’re freezing cold all the time, but also because it’s costing crazy money and leaving us with barely anything left!

So- we have since found somewhere else! Fortunately!- that has heating that works!
Anyway- as we haven’t yet got a new contract we’re sort of in this verbal month to month thing and are just paying the rent as set out in the original contract. We pay on the first of the month for that month. So we have already paid all of February’s rent.

With the new place we have been told we can move in on 1st March.
So my husband and I have read through our current but now outdated contract from top to bottom and there’s nothing in there about a notice period. I assumed there would be- but there’s not one word of it mentioned.

Is it acceptable for us to give a 2 week notice period to our landlord?- even though nothing is written in the contract?

Sorry for the long message- I just thought it helpful to explain the circumstances to see if it helps gauge a better understanding of where we stand.

Also- fully aware we can contact people about the furnace etc but I really just don’t want the hassle! I just want to move to somewhere warm that retains the heat!

Thanks for all your help once more!!
suzeandmatt is offline  
Old Feb 12th 2019, 6:44 am
  #2  
MODERATOR
 
Siouxie's Avatar
 
Joined: Apr 2009
Location: SW Ontario
Posts: 18,798
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: Advice on renting:



Oh dear.. sorry to hear that you are having issues with your rental place - but do be aware that the laws for leaving rental accommodation are different in Canada...

Alberta Tenancy Laws state that you need to give a minimum of 1 month notice to end a tenancy if you are on a Periodic Tenancy (i.e. not a fixed term) but do be aware that a rental agreement can be verbal too! Having said you were going to extend another 6 months could leave you on the hook for the full 6 months payments if the landlord is unable to find another tenant and wants to be a pain in the bum.

https://www.landlordandtenant.org/le...eak-the-lease/
https://www.alberta.ca/ending-rental-agreement.aspx
and Moving out of Rented Premises | Calgary Legal Guidance

If you haven't signed a new lease and your landlord is willing to forget the verbal agreement, then it should go to a month-to-month tenancy. Do read exactly what you are required to do - and how you have to submit your notice ... if you haven't already given notice then you may be liable until the end of March or even into April or even longer.
Monthly tenancy

Notice by a tenant must be given on or before the first day of the tenancy month. The tenancy will end on the last day of the tenancy month.
Monthly tenancy

A late notice means the tenancy will end on the last day of the next complete tenancy month.
For example, a tenant has a monthly tenancy that lasts from the first day of the month to the last day of the month. If the tenant gives notice on June 2 to end a monthly tenancy on June 30, the tenancy will instead end on July 31
If you are unable to heat the property to 16c then he may be in contravention of the laws for property health standards and you might be able to get out of any lease that way.
https://www.landlordandtenant.org/re...lth-standards/
The furnace must be in good repair and be able to heat all living spaces to a temperature of 22 degrees Celsius. In the winter, when it is really cold, the furnace must be able to keep up a temperature of at least 16 degrees Celsius.

Last edited by Siouxie; Feb 12th 2019 at 7:00 am.
Siouxie is offline  
Old Feb 12th 2019, 7:02 am
  #3  
BE Enthusiast
Thread Starter
 
Joined: Sep 2016
Location: Calgary, AB
Posts: 327
suzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond repute
Default Re: Advice on renting:

Thank you. I was worried it would be 1 month.
All I know is I can’t live in this house for another month with the state of the heating.
We’re just permanently cold to the core and it’s utterly miserable.
So we will just talk to him, ask him first if because of the current issues he’d be happy for us to vacate on 1st March.
If not, then I guess we’ll have to look at contacting the Alberta health people and see if they can help us out, which I really don’t want to have to do, as my husband isn’t going to be here until 28th Feb and I work full time so it’s tough dealing with these things.

I just want to live somewhere where I know I can go home at the end of my work day and know the place isn’t going to be like a fridge.

Thankd fkr your quick reply. Will share the info with my husband and we’ll see what we can do.
Either way, he’s breached his side of the contract massively by the house simply not meeting heating codes, so hopefully he sees sense & lets us leave the contract.

Fingers crossed anyway.
suzeandmatt is offline  
Old Feb 12th 2019, 2:14 pm
  #4  
Lost in BE Cyberspace
 
Almost Canadian's Avatar
 
Joined: Aug 2005
Location: South of Calgary
Posts: 13,043
Almost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond repute
Default Re: Advice on renting:

Originally Posted by suzeandmatt View Post
Thank you. I was worried it would be 1 month.
All I know is I can’t live in this house for another month with the state of the heating.
We’re just permanently cold to the core and it’s utterly miserable.
So we will just talk to him, ask him first if because of the current issues he’d be happy for us to vacate on 1st March.
If not, then I guess we’ll have to look at contacting the Alberta health people and see if they can help us out, which I really don’t want to have to do, as my husband isn’t going to be here until 28th Feb and I work full time so it’s tough dealing with these things.

I just want to live somewhere where I know I can go home at the end of my work day and know the place isn’t going to be like a fridge.

Thankd fkr your quick reply. Will share the info with my husband and we’ll see what we can do.
Either way, he’s breached his side of the contract massively by the house simply not meeting heating codes, so hopefully he sees sense & lets us leave the contract.

Fingers crossed anyway.
I assume that the landlord does not live at the premises. If this is correct, the Residential Tenancies Act applies.

This is a link to the Residential Tenancies Act: Residential Tenancies Act

Pursuant to section 5(4), the notice required is the same as for a monthly tenancy, and you will need to give notice pursuant to section 8(1)(a).

If no new lease has been agreed, section 13(a) mandates that you now have a monthly tenancy.

If you wish to terminate the tenancy for substantial breach, you will need to follow the provisions of section 28.

I would simply provide the notice and leave and let him take whatever action he wishes to against you.
Almost Canadian is offline  
Old Feb 16th 2019, 3:26 am
  #5  
BE Enthusiast
 
J-A-UK's Avatar
 
Joined: Feb 2008
Location: Kingston ON
Posts: 315
J-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond reputeJ-A-UK has a reputation beyond repute
Default Re: Advice on renting:

[QUOTE=

I would simply provide the notice and leave and let him take whatever action he wishes to against you.[/QUOTE]

You will need a verbal contact to do this - As you run down the street saying "Chase Me Chase Me" !!!
J-A-UK is offline  
Old Feb 16th 2019, 4:01 pm
  #6  
BE Enthusiast
Thread Starter
 
Joined: Sep 2016
Location: Calgary, AB
Posts: 327
suzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond reputesuzeandmatt has a reputation beyond repute
Default Re: Advice on renting:

Haha
well, so far we have been very VERY understanding I would say. And have lived paying our rent early each month despite him not fully abiding by his side of the contract.
So- my husband has decided that despite the state of the place, if he wishes to make us follow the contract to the letter, then we’re also going to expect the same from him.
As we haven’t signed another contract (he hasn’t even provided us with one to sign despite our contract ending on 15th Jan) he has said we owe him a full months rent for March because he wants the 28 days notice.
Which- ordinarily fine!! Not something we’d have an issue with. But that would mean we have stuck firmly to our side of the contract when he hasn’t at all.
So we’re getting Alberta health in for the heating and electrics (which are a disaster and certainly not up to code.) this house basically needs knocking down and starting from the ground up- and I’m not usually an advocate of that!
I get super stressed out about this kind of thing and the tenancy etc is all in my husbands name- so he has said I don’t have to worry about it and he’s just going to deal with it. He’s away until 28th Feb, but I guess if we’re giving a months notice it means the house is technically ours till end of March anyway- though I won’t be living here.

One day I’m hoping for a landlord that is simply honest, has integrity and abides by the contract on their end. In all the 7 places my husband and I have rented together over the years, we’ve only had one landlord who actually did that. Others have flaunted the contract, several have stolen our security deposit etc and other have just made utter garbage up to get us to stay.
So, wishful thinking maybe. But I can dream I guess.
suzeandmatt is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.