Where an owner rents a property to a tenant and the property does not meet one or more minimum standards, the owner is in breach of the Act (which means they are also in breach of the lease).
This means the owner could be fined by the Commissioner’s office.
It also means the tenant has a right to request repairs , or to terminate the lease (by giving a notice) if the standard is not met before they leave.
The tenant should:
- attempt to have the owner fix the problem or
- issue a notice to terminate (PDF, 98.1 KB)
Important: if a tenant issues the owner with a notice to terminate because the property does not meet a minimum standard, but the owner then fixes the issue before the date of effect of the notice, the notice is then invalid. This means that if the tenant leaves, they would be considered to be “breaking the lease".