The developer, WestUrban Developments, is applying to evict all residents to complete extensive renovations to the building. “From day one it was a nightmare,” said Gordon Griffiths, who moved in the day the building opened in 2020. On July 26, Griffiths received his notice from West Urban stating that the company applied to the Residential Tenancy Branch to proceed with the evictions. “They knew for months that they were going to have a mass eviction. But they didn’t tell anybody,” Griffiths told CHEK News. “We could go out looking for places.” Tenants say problems started right away with the new building, including flooding in several suites, cracks in walls and appliances not working. Each of Siatetsky’s apartments was no different. “It looks very nice from the outside. It is new. But it doesn’t matter if it’s new and looks nice if nothing works,” Siatetsky said. The problems, according to the tenants, start in the basement. The developer blocked the underground parking with little notice. Tenant Carolyn Langley took a photo of the parking lot showing several support positions in place of cars. “If you go down there, you’ll see all 13 spots,” Langley said. Pete Robison said the water problems are not only in the apartments, but also in the corridors. “We’re the only ones who haven’t been hit yet. Every other suite had leaks, everywhere,” Robison explained. North Cowichan Mayor Al Siebring said work must continue, but noted that tenants can stay until then. “Once the renos start, for example, they have to turn off the sprinkler system. Because part of the problem is plumbing. And you can’t occupy a multi-unit building like this without a sprinkler system,” Siebring said. If the Housing Rental Branch approves the evictions, the earliest tenants will have to vacate the building is April 1. Luc Bender said tenants, including himself, are frustrated after months of problems. “We have nowhere to go. Help us, do something. Talk to us. There is no manager here. There is no one to talk to. There is no maintenance. There is none,” Bender said. “It is terrible.” With North Cowichan’s vacancy rate at less than one percent, the concern for renters is finding a new place to live. WestUrban did not respond to requests for an interview. The Ministry of Housing issued a statement on the situation with Magdalena:
We can confirm that the Residential Tenancies Branch has received a dispute resolution application on this matter. To protect tenants, in 2021 the province brought in new regulations to prevent illegal renovations (unnecessary evictions to complete the renovation of a property) by requiring landlords to apply to the Residential Tenancies Branch for pre-approval before terminating a lease for renovations or repairs. If a landlord wants to end a tenancy for this reason, they must first apply to the Residential Tenancies Branch. The landlord must have all required permits and approvals and must demonstrate that the work is both necessary and the only way to complete it is to terminate the lease. Both the landlord and tenants are notified to attend a dispute resolution process where an arbitrator decides whether terminating the lease is the only way to complete this work. While the Department does not disclose whether a landlord has applied to the RTB for this purpose, all tenants are notified to attend a dispute resolution hearing once an application is made. If the arbitrator decides to terminate the lease after the dispute resolution hearing, tenants will have four months to vacate the rental unit. Tenants will be entitled to receive an amount equivalent to one month’s rent paid under the tenancy agreement. The landlord must (except in extenuating circumstances) pay the tenant an additional amount equal to 12 times the monthly rent payable under the lease if the landlord does not renovate or repair the rental unit in the manner specified in the Four Months Notice, or begin work on the renovations or repairs within a reasonable time of the effective date thereof.
ATTENTION: Tiny tenants in Metchosin are pushing for change as the eviction deadline looms
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