Disabled Prince George resident Tony Wedzinga is taking his protest to the streets after a favourable ruling from the Residential Tenancy Branch has still failed to resolve his landlord's neglect.
And in fact, rather than fulfill the government's orders, the landlord issued Wedzinga an eviction notice.
"I would like to see the owner held accountable to doing what they were supposed to do," Wedzinga said. "I don't want other people to go through this. We're low income and being treated like crap."
Wedzinga moved into Victoria Towers at 1245 20th Ave. in February, 2010. The unit he was shown wasn't available, so the landlord moved him into another unit which wasn't move-in ready.
Wedzinga said for over a year he requested repairs and was given reasons and excuses why the repairs couldn't be done. In May 2011, when his rent was increased from $700 a month to $718 a month, Wedzinga decided to take his complaint to the Residential Tenancy Branch.
Residential Tenancy Branch officer T.A. Evans ruled that Victoria Towers owner Pacific West Properties failed to meet its obligations.
Evans ordered Pacific West Properties to complete 15 repairs on the unit to the bathroom, plumbing, ceilings and rest of the unit.
"It is not reasonable for a tenant to be provided a rental unit that is not move-in ready and to then be told by the landlord that they accepted the unit that way, therefore no repairs are required," he wrote.
A condition inspection report signed by Wedzinga and the landlord in February, 2010 recorded a hole in the bathroom wall behind the toilet, holes in the bathroom door, worn enamel on the tub and sink, stained ceilings, missing baseboards, leaking faucets, walls in need of painting, stuck taps, burns in the carpet, missing drapes and many items dirty, stained or uncleaned.
"I've got a bad back and I'd really like to take a hot bath and soak it. But if you saw this tub, you wouldn't want to sit in it. It's got stains all over it," he said. "The windows rattle when it blows. There is a hole between the tub and the sink full of who knows what. The kitchen sink leaks like a sieve."
After receiving a decision in his favour by the Residential Tenancy Branch on June 1, Wedzinga was issued an eviction notice on Aug. 9, which states he hasn't paid his rent.
However, according to the Tenancy Branch ruling, it's the landlord who owes Wedzinga money.
Seven of the repairs were to be completed by June 20, another three by July 31 and five by Aug. 19.
"Failure by the landlord to complete the repairs by the deadlines specified will result in a $10 per day rent reduction for each timeline not met and this amount may be deducted from future rent," Evans ruled.
In addition, Evans awarded Wedzinga a one-time $500 rent deduction.
"They haven't done any of it. I'm sitting at $1,700 just for the month of July," Wedzinga said.
On July 27 Wedzinga wrote to Pacific West Properties saying he intended to use the accumulated rent credits to pay his rent for his August, September and October. Rent receipts Wedzinga provided to the Citizen showed he had paid his rent up to the end of July.
Wedzinga had written to the Residential Tenancy Branch on Aug. 2 to seek further assistance in enforcing the June 1 order.
"It's time somebody stood up to these people," he said. "I won't be intimidated. I won't be bullied."
No response from landlord
Victoria Towers building manager Kathy Harders declined to comment.
"While it's under arbitration I was told not to say anything," Harders said.
Calls to Pacific West Properties in Vancouver reached a voicemail recording stating the message system was full.
"I've been told I can go to small claims court and try to get them to honour the order," Wedzinga said. "I'd like the government to change the Residential Tenancy Act to make [landlords] more accountable. They are breaking the law."
A spokesperson for the Residential Tenancy Branch was not available as of press time. However, under the Residential Tenancy Act if a dispute resolution officer rules in a party's favour, it is the responsibility of that party to enforce the order.
"If the person(s) does not comply, you can enforce the order in the Provincial or Supreme Court of British Columbia by filing documents at the appropriate court registry," the branch's tenancy guide says. "Residential tenancy law does not give the Residential Tenancy Branch or dispute resolution officers the authority to enforce orders or to assist you with this process."
