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In November 2009, the Ontario Court of Appeals decided that landlords cannot require tenants to complete snow removal tasks as a condition of their leases.

The situation began when a tenant commenced a legal action against a respondent landlord for damages after she slipped and fell on the premises. The tenant claims that she slipped on ice on the walkway leading to her basement apartment. But in his defence, the landlord argues that the tenant is “responsible for keeping their walkway and stairway clean (including snow removal)” based on the Condition of Lease.

Well, Ontario Court of Appeals made a decision on the case, Montgomery v. Van. The Court found that landlords cannot require tenants to complete snow removal tasks as a condition of their leases as it violates the Tenant Protection Act. The Residential Tenancies Act Regulation 517/06 seems to impose similar maintenance obligations on landlords. If landlords want them to clear their own walkways, driveways, etc., they must enter into a separate contract with the tenants for snow removal.

Feel free to leave a question or comment below regarding this court decision.

It’s a good time to remind ourselves of some important winter maintenance tips now that the holidays are over.  Here are some basic tips you can use that will help you keep your property safe for your tenants and visitors:

1. Trim trees and remove dead branches to prevent injuries to residents and visitors and/or damage to surrounding properties from falling branches.
2. Check gutters regularly; clear them of debris so melting snow & ice can flow freely.
3. Maintain steps and handrails.  Repair broken stairs and railings as soon as you become aware of them.
4. Check pipes and wrap them with heating tape.  Check for cracks and leaks; repair minor pipe damage immediately to prevent more severe damage from occurring from neglect.
5. Inspect sidewalks, driveways and entryways regularly and keep them free from snow and ice.  Have a supply of salt and/or sand readily available and apply whenever conditions require it.  This is important even if you have hired a winter maintenance contractor to do this for you.  Maintain a written record of your inspections and applications of surface treatment material.

For more information, you can check out Safety and the Holiday Season.

The holiday season is here! To help you have a festive season and prevent accidents related to holiday decorating, here are some helpful tips for you and your tenants:

• Use only non-flammable decorations (i.e. CSA-approved lights and electrical decorations).
• Make sure to keep lights, ornaments, tinsel and other tasty-looking decorations off the floor and out of reach of children or pets.
• If you’re putting up a real tree to decorate your foyer or other common areas, make sure you keep it watered.
• Check your holiday lights – they should not be hot to the touch. Also check your electrical outlets and circuits. They should not have any broken ground plugs, frayed wiring, broken sockets, cuts, nicks or gaps in insulation.
• Don’t overload your electric outlets and circuits by using multiple plugs, circuit extenders/splitters or multiple extension cords.
• Candles should be placed on a fireproof base or in holders that cannot be easily knocked down or reached by children and pets.
• Keep a working fire extinguisher handy and familiarize yourself and your staff with its use.
• Make sure emergency exits are clearly marked.

Make sure to share these tips with your tenants and have a safe and happy holiday season.

I was fortunate to be able to chair a session at the ONPHA conference on Sunday entitled Recruitment and Retention: Changing the “Image” of Social Housing. Our presenters for this session were excellent, but the real stars of the show were the conference participants that asked some great questions and offered insightful feedback.

Presenters from left: Neville McGuire, Michael Buzzelli, Merv Huges and Dave Colangelo

One of the best ideas was to establish an undergraduate housing essay competition. Not only would this motivate students at the undergraduate level to think and write about housing, it would also be an excellent public relations opportunity for a sector that could use a bit of good press. A bursary for students in financial need studying housing could also work in the same way. For the past three years SHSC has helped to fund and manage a research internship program for MA and PhD level students. You can see their work here.

A number of participants also mentioned the importance of involving tenants in the operation of their own housing. Who better to manage housing than someone who knows the place from the inside? This is a model that has quite a bit of traction in the UK (eg. Tenant Participation Advisory Service, Tenant Services Authority) and something that we could definitely use more of in Canada.

Fittingly, the conference wrapped up with awards for a group of tenants that had made outstanding contributions where they live. One of GLOBE’s Community Champions, Lynn Wood from Richview Residence, received an award.

If you have some examples of how tenants have made where they live a great place to live, or if you have ideas on how we can further engage tenants in the provision of housing, post a comment!