WHAT ARE THE MAJOR CHANGES?
As of August 31, 2020, the Régie du logement is now called the Tribunal Administratif du logement [Administrative Housing Tribunal]. Besides this name change, what are the main changes that will be observed in the field?
The main objective behind the name change is to promote better use of court time and to improve efficiency and case management.
From now on, plaintiffs have the obligation to file proof of notification of their claim to the defendant within 45 days of the initiation of the claim. Failure to comply with this deposit will result in the court request being struck. This new way of proceeding will thus ensure the presence, or at least the opportunity, of the defendant to appear before the Tribunal and to make their point of view.
Also, the party who files an application with the Tribunal Administratif du logement must, unless the application concerns only the fixing of the rent, provide the other party with a list of the evidence or indicate to the other party that such a list of evidence is available on request. As a result, the defendant cannot claim to have been taken by surprise at the hearing because they did not have access to the documents submitted as evidence in support of a claim.
There is now an obligation to inform the Tribunal of any change of address. In fact, if a person fails to attend the hearing on the grounds that they have changed their address and that they have not, as a result, received the notice of meeting, they run the risk that this reason is not sufficient to request a retraction of judgment.
In addition, the Tribunal now has the power to order a party to pay punitive damages in the event of abuse. Thus, these new powers may dissuade some people from abusing recourse with the Tribunal.
Obviously, other changes have also been made to the general procedures of the Tribunal, especially regarding applications. In case of doubt, uncertainty or if you wish to benefit from the expertise of a member of the Force-Légal team to represent you before the Tribunal Administratif du lodgement (in English or in French), we invite you to contact you so that we can discuss your issue and assist you effectively.
An article by: Maxime Morissette