Education Seminar Review: Residents, Regulations and Rental Arrears
By Avrom Charach, PPMA Education Chair, Kay Four Properties

Roger Barsy, Director of the Residential Tenancies Branch and Ray Jones, Account Executive from Commercial Credit Adjusters shared both sides of the often perplexing decision managers are faced with when tenants fall into arrears.  The seminar looked at termination of tenancy including filing for Orders of Possession (OP) and at working with tenants to arrange orderly repayment of their debt. 

Roger began the seminar by sharing the fact that there were 1,808 OPs filed in 2001, up 12% from the 1,610 filed in 1999.  He went on to describe the formal process for terminating a tenancy. A Form 5 or Form 7 terminating tenancy on a given date must be served to the tenant by their landlord or agent.  An OP would be filed when a tenant fails to comply with this Notice of Termination. 

Roger went over the procedures involved in this process in depth.  He reminded the 20 participants that any missed step in the process might result in the landlord losing their right to terminate the tenant at that time; they would have to re-apply for an OP and attend another hearing.  We were reminded that the RTB has staff, printed materials and on-line resources to help a landlord ensure that they do not make mistakes. 

Ray Jones has been a professional in the credit and collections field for more than a decade.  During that time he has seen many changes in the way that debtors are handled.  As he told the participants it is far better to try to work with a debtor than to threaten them.  Ray walked through the process of assessing the situation of each individual tenant and methods that are effective when a landlord attempts to work with a tenant who is in arrears.  He pointed out that a proper application and up to date tenant information on hand makes the process of assessing the ability to pay easier. 

Ray provided some wordings and methodologies that tend to make a tenant more likely to consider paying rather than simply providing excuses.  He stressed that, where possible, one should remain firm yet friendly.  He discussed options that can be provided to a tenant which will allow you to collect from them more quickly.  Examples were payroll advance companies, consolidation loans and credit card advances.  Participants felt that they each learned something new and useful. 

We thank TD Bank Financial Group for providing the space for this seminar.  We look forward to seeing many participants at “Neighbourhoods Alive”, the PPMA’s 1st conference and trade show and at our April seminar which will take a look at issues surrounding property assessment.  Presenters from the City’s Assessment Department and KPMG’s Assessment Appeals Staff will provide insights and answer questions from both sides of the assessment table.

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