What are the Fairness Issues behind the Eviction Application Statistics?
The following aspects of the eviction application process under the Tenant Protection Act place tenants in an unfair and disadvantaged position. • Tenants are Disproportionally Affected by the Default Process The statistical information available from the Tribunal demonstrates that the default order process has a disparate negative impact on tenants. In our submission, the default order process creates a barrier to justice for tenant parties before the Tribunal. A closer look at how the process operates in practice will demonstrate the basis for this position. Under the Act, a limited number of applications require the filing of written dispute to trigger the right to a hearing. These applications are: • Landlord applications for termination of a tenancy and eviction; • Landlord applications for termination and payment of rent arrears; • Tenant applications against an overholding subtenant; • Tenant applications for illegal rent paid; • Tenant applications for consent to assign or subl
