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Annual Report Administrative Housing Court 2021-2022

Non-payment: An excessive proportion of files sent

Category 2019-2020 2020-2021 2021-2022
Fixing and review 6 451 7 250 7 201
Non-payment of rent 39 284 24 094 32 322
Civil lawsuits 23 475 20 404 24 458
TOTAL 69 210 51748 63 981

Too high a share for non-payment of rent: 32,322 cases out of 63,981 are due to non-payment of rent, equal to 50.52%.
Sharply increasing percentage for cases of non-payment of rent since the beginning of the pandemic: 46.56% (2020-2021), 33.91% (2019-2020).

This steadily increasing percentage is worrying because it is not only tenants who are affected by non-payment of rent, but also the landlord.
If the rent is not paid, the landlord will have to find another financial solution to pay the mortgage. And a landlord who doesn’t pay, will have the bank ask for payment on his mortgage and could lose his building.

According to tenants’ associations, non-payment will become more common as costs and inflation rise.
The APQ is calling for more housing assistance for tenants, an increase in eligibility thresholds to give it to more tenants.
We also need to put a new rent default system in place to free up these hearing times. The security deposit, as well as a procedure for non-payment which would allow a decision to be taken on viewing the file in the absence of a complaint from the tenant, remain, according to the APQ, the best means of achieving this objective .

Disproportion between the cases introduced
63% is introduced by the owners!

Civil lawsuits 2019-2020 2020-2021 2021-2022
Lawsuits brought by the owners 13 497 12 424 15 419
Lawsuits brought by tenants 9 419 7 487 8 480
TOTAL CIVIL CASES 23 475 20 404 24 458

Withdrawal of a decision: a worrying phenomenon
Among the lawsuits brought by tenants, 21.21% concern the revocation of a decision, while only 3.46% concern landlord lawsuits.

Lawsuits brought by tenants 9 419 7 487 8 480
Withdrawals of a decision 2 250 1 482 1799
Lawsuits brought by the owners 13 497 12 424 15 419
Withdrawals of a decision 479 454 534

Files closed due to lack of proof of notification

Type of conclusion 2019-2020 2020-2021 2021-2022
Requests closed due to lack of proof of notification 2 106 4 542
TOTAL – Complaints considered before hearing 13 411 15 002 17 922
Percentages 0% 14% 25%

With the new procedures put in place where evidence has to be notified within 45 days, 25% of files are closed due to failure to produce these documents, a rate of 25% is too high, a dunning procedure would be important.

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