The New Mortgage Rules

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The new mortgage rules that will come into effect on April 19, 2010 have caused concern amongst potential home buyers. The new mortgage stipulations that Finance Minister Jim Flaherty presented are as follows: The new rules will require that all borrowers meet the standards for a five-year fixed-rate mortgage even if they choose a mortgage with a lower interest rate and shorter term. This initiative will help Canadians prepare for higher interest rates in the future. The rules have lowered the maximum amount Canadians can withdraw in refinancing their mortgages to 90% from 95% of the value of their homes. This will help ensure home ownership is a more effective way to save. The last amendment affects property speculators who buy places but don’t live in them. They will now have to put a minimum of 20% down, up from 5%. These changes are being implemented in order to prevent negative trends from developing that may damage an already weakened Canadian economy. As previously stated it is anticipated that interest rates are going to increase and this is a way to ensure Canadians are prepared. By implementing these new policies it will ensure that variable rate mortgages do not rise too quickly and cripple homeowner’s financially.

The Canadian Real Estate Board welcomed these amendments and was thankful that the federal government didn’t increase the minimum down payment or decrease the amortization period (the length of time in which a mortgage may be paid). The new rules should help Canadians manage their debt better and prevent the disaster which is currently sweeping the United States.

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The Residential Rental Unit Licensing By-law. What is it and what does it mean for Landlords and Tenants in London?

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London is home to two substantial post-secondary institutions. Both of these schools draw tens of thousands of new residents to London every year. Because of this, residential rental units are very prevalent and can be found all over the city. The Residential Rental Units Licensing By-law is being put into place on March 1, 2010. Property owners will be subject to a $25.00 licensing fee for each rental property annually. It is being put into place in order to protect both the tenants, and those individuals who live in residences near rental units. The By-law will ensure that sub-standard living conditions of rental units are being addressed, and that the stability of neighbourhoods with rental units is being maintained. If property owners fail to comply with the By-Law and do not obtain a licence they will be subject to a maximum $25,000 fine and for a corporation $50,000 for the first conviction. The maximum fines for subsequent convictions are double the maximum initial conviction.

Not all rental units will require a licence. Rental units in apartment and townhouse buildings are exempt.  Any building however,  containing four or less rental units (including single detached dwellings, semi-detached dwellings, duplexes, triplexes, fourplexes, and converted dwellings) in the city of London will require a licence.

In order to obtain a licence a property owner must complete an application process. This application process involves obtaining 1) an application form for each rental property 2) a Self-Certification Checklist for each rental unit 3) a copy of a recent fire inspection report indicating compliance with the current First Protection and Prevention Act for each rental property. The application process also includes a copy of the incorporating document if the owner is a Corporation or a Partnership.

The Self-Certification Checklist will be an essential tool for all property owners to utilize in order to ensure they are complying with the By-Law. The checklist is designed to assist property owners in determining whether their properties comply with the City of London Property Standards By-Law. Each item on the checklist must be verified as being “in compliance” or marked as “non-applicable”. The checklist gives the owner opportunity to explain proposed actions to address non-conforming items. One Self-Certification Checklist must be completed for each rental unit and tenants should be provided a completed checklist.

Some of the items required for inspection include:

  • interior maintenance
  • exterior maintenance
  • electrical/HVAC
  • windows and ceiling heights

A fire inspection must also be completed in order to comply with the By-Law. If a fire inspection has been done in the last two years simply submit a copy of the approved inspection report with the licence application.  If a recent inspection has not been completed, the licence application will be accepted and a request for inspection will be submitted on your behalf. The Fire Prevention Office will then contact you to schedule the inspection. There will be no charge for the initial fire inspection; however, there will be a fee for subsequent re-inspections. You can contact London Fire Services in you have any further questions or to request an inspection.

The most important part of the new By-Law is in regards to ensuring property standards are being upheld and maintained. Rental properties will be subject to periodic random inspection by the City to ensure property owners are complying with the new By-Law. Approximately one month prior to the scheduled inspection date, the property owner(s) and tenant will receive a notice listing the date and time of the inspection. Tenants will have an opportunity prior to the inspection to advise their landlord of any deficiencies they require be addressed and will have the opportunity to speak with the City inspector during the time of their inspection. If violations are found during these inspections, the property owner will be given a specified time period to correct the violations. If violations are not corrected before the compliance date, a re-inspection fee of $95 will be issued. Where violations are found which are commonly dealt with by partner enforcement agencies – such as mould (Health Unit) or smoke alarms (Fire Prevention) – the partner agencies will be contacted.

If you have any other questions please visit the City of London website for more information.

Categories: Government News


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