Hearing Set For Tenant Forced From Bedford Inn
HALIFAX-The two sides in a Bedford eviction dispute agree on one thing: The Bluenose Inn and Suites must be torn down.
The old building has major issues, including water pressure and septic backups. The disagreement, however, is whether the tenants are owed compensation for being forced to leave.
At least once tenant, Brandy McGuire, will have a Residential Tenancies hearing demanding compensation from Bluenose’s owner. Dalhousie Legal Aid is representing McGuire, who will argue she’s owed the equivalent of three months’ rent and other compensation.
“I haven’t had a proper shower in over a year,” said McGuire, who had lived at Bluenose for two years. “It is an old building; there are mice, there are rats.”
“The building does need to come down, I’m not denying that, but we did not receive the proper notice…and it happened while [renoviction] was still banned.”
McGuire paid $1,400 a month for her room and kitchenette. She lived there with her spouse and four children. McGuire said it was cramped but it was the most affordable option she could find.
“Affordable housing doesn’t exist in Halifax,” said McGuire.
The dispute between landlord and tenant began on March 1, when Bluenose management gave tenants a notice asking for them to leave within 60 days. The notice said the owners were going to “retire” the building because of all the issues.
In a press release, Dalhousie Legal Aid noted that Nova Scotia’s rules on renovictions say tenants must be given three months’ notice if they’re being evicted. The law, implemented by the province on March 21, also mandates one-to-three months’ compensation for tenants.
When Bluenose gave its notice to tenants on March 1, there was still a complete ban on renovictions in Nova Scotia, stemming from the Covid-19 pandemic. On April 27, a new notice went to tenants asking them to be out by July 31 instead.
After receiving the first notice in March, McGuire found new accommodations. However, she is now paying $2,100 a month, with some services not included. She is glad her kids now have more room to play but money is now a big worry.
“I’m pretty much forced into taking it,” she said. “It’s a lot more expensive than what I was paying but it’s a roof over my kids’ heads.”
McGuire is an IT student at Nova Scotia Technical College and says there is a lot of uncertainty this summer.
“I’m supposed to be on a work term, looking at co-ops. I haven’t had time to do any of that. I don’t know what the summer has in store for me.”
McGuire is being represented by Dalhousie Legal Aid in her battle. Mark Culligan, a community legal aid worker, argues what the building owner is doing falls into a subcategory of renovictions, referred to as “constructive demolition”
“When the landlord is seeking to demolish a building, they either have to obtain an order or they have to seek an agreement with tenants in the required form,” said Culligan.
“We would argue that the notice provided to the tenants March 1 constituted a notice for the purpose for tenants to vacate for the purpose of demolition.”
Dalhousie Legal Aid will also be arguing McGuire is owed compensation for the time she and other tenants were without internet. Bluenose included wi-fi in its monthly rates but McGuire hasn’t had access since March.
“If services are included in somebody’s rent, and a service is withdrawn (intentional or not), then that’s tantamount to a rent increase,” argues Culligan.
Owner of Bluenose Says He’s Not ‘Renovicting,’ Or Evicting, Anyone
John Ghosn, the owner of Bluenose, denies what’s happening is a renoviction, despite plans to “retire” the property. Ghosn told Huddle he wasn’t technically evicting anyone since the building’s poor condition is the reason why tenants have to leave.
“I didn’t force [McGuire] out…we didn’t force anyone out, that’s all I can tell you. There’s no renoviction,” Ghosn argued.
“We’re not renovating, we’re not demolishing right now; there’s no permits applied for. There’s nothing going on but an old property that’s no longer habitable.
“The only people we have filed a notice of eviction to are the ones that are not paying rent.”
Ghosn is also the principal owner of Enqore Developments in Halifax. Despite Ghosn’s claims that he isn’t demolishing the Bluenose yet, Enqore’s website is promoting a new development on that property.
In its ‘On the Horizon’ section of its website, Enqore lists 636 Bedford Highway as a future site for a 105-unit residential development, with commercial space on the ground floor. Ghosn argued there is no timeline for that development.
“Is that the only thing on my website?” he asked when questioned about the development. “That’s been on there five years. It’s a development property. It was approved six years ago.”
“I might turn it into a park, what do you think of that?” he asked.
Huddle responded that it is his right to develop the property the way he wants.
“Are you sure it’s my right? You just told me I can’t evict people,” Ghosn responded.
Ghosn eventually admitted the building would have to come down, at some point. He said it would be an insurance issue if it doesn’t.
“We’ll probably tear it down eventually because it’ll be a liability. We have no immediate plans for that,” he said.
As for the internet issue, Ghosn claims Enqore didn’t cut off the internet but that it’s been down. He says they didn’t fix the internet issues because of the state of the building.
“That internet comes and goes all the time and it hasn’t worked in a while now. It’s not being repaired because the property needs a lot of work. The infrastructure is old and the wifi doesn’t work,” he said.
Ghosn will have a chance to make those arguments before the Residential Tenancy Board soon. The board will hear McGuire’s complaint against Bluenose at a hearing on May 25.
Derek Montague is a Huddle reporter in Halifax. Send him your feedback and story ideas: [email protected].