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Precarious and unsafe housing has become more common across Nova Scotia amid rising costs and new leasing practices, yet legal solutions for those facing challenging rental situations are often inaccessible.Ìý

Dalhousie Legal Aid ServiceÌý(DLAS) has been a rare beacon of light for renters in these tough times, offering free legal information to those who cannot afford it, educating about tenants’ rights, and advocating for people in vulnerable housing situations.

The clinic, which is run by theÌýSchulich School of Law, recently carried out a first-of-its-kind survey after noticing a spike in tenancy-related inquiries over the past few years. The aim was to uncover the scope of the issues and find out what it’s like for tenants.

, a community legal worker with DLAS, served as the primary author on the report, which surveyed 1,278 tenants throughout the province and analyzed 409 cases in Nova Scotia Small Claims Court. Mark Culligan, also a community legal worker, and senior law students Amy Dodge and Emily Lundrigan served as secondary authors.Ìý

Dr. Main's research team at the Weldon Law Building. The launch will include an in-depth discussion of their research findings and an opportunity for surveyed tenants to share their experiences. (To view the full report, please visit Dalhousie Legal Aid Services's Oct. 23).

We spoke to Dr. Main, who finished her PhD in Sociology at Dal in 2024, about the report and what it reveals about tenants’ rights in Nova Scotia.Ìý

What are the main challenges that Nova Scotian tenants are currently facing?

We heard from our survey and learned through our other data analysis that tenants are facing insecurity in their housing, especially through fixed-term leases. We found that they’re dealing with issues regarding the habitability of their home, such as unsafe conditions. And we also heard that many are afraid that they are going to be unable to continue to afford their home.Ìý

In essence, we found that tenants are dealing with issues of housing security, housing affordability, and housing habitability.Ìý

Your research found that nearly half of respondents who had an issue with their landlords took no action to resolve tenancy issues. What barriers did you identify for tenants in accessing legal services?Ìý

For context, the main way for tenants and landlords to access legal-dispute resolution for their problems in Nova Scotia is the provincial government’s Residential Tenancies Program. Our survey focused on tenant applications to this program.ÌýÌý

According to our survey data, we found that people reported a feeling of hopelessness; they didn't think that anything actually could be done for their issue. Another prominent concern was the worry that taking legal action would damage tenants’ relationship with their landlord or building manager. Other people weren’t as familiar with their legal rights.Ìý

These barriers are also connected to security and fixed-term leases. Tenants didn’t want to bring problems to start a conflict with their landlord because despite many of them living in unhealthy or unsafe conditions, they were afraid that asking for even basic services, like repairs or maintenance, would lead the landlord to evict them.

Fixed-term leases have become more common in recent years in Nova Scotia. What are they and why are they a problem for tenants when compared to the alternatives?

We have two types of leases in Nova Scotia: periodic leases, such as year-to-year or month-to-month leases, and fixed-term leases, which have a start date and an end date to the tenancy. For the latter, when that end date comes along both the landlord and tenant must agree to re-sign the lease.Ìý

With fixed-term leases, the landlord isn’t required to give any notice to the tenant that they are renewing or not renewing the lease or a reason for not re-signing the lease. Additionally, there is no legal recourse for the tenant to dispute that decision, such as through the , so the tenant would just have to leave.Ìý

Periodic leases, on the other hand, give tenants security of tenure. The lease is going to continue until the tenant wants to leave or until the landlord evicts the tenant with cause, which is important because there has to be a reason for the landlord to evict the tenant. These are outlined in the Residential Tenancies Act. In most cases, there is recourse for tenants to dispute eviction notices.Ìý

We’re concerned about fixed-term leases because our research shows that they are becoming more common in Nova Scotia and don’t offer tenants security of tenure, which is a key part of the right to housing.Ìý

What does your research show about the current state of affordable and secure housing in Nova Scotia?

What our report shows is that there's a long way to go until we reach this goal of housing for all. In many cases, tenants are facing unaffordable housing, insecure housing, and/or serious repair issues, impacting the conditions of their home, such as pests.

We think that there is a long way to go for tenancy rights, and we’re calling on governments on every level to make policy and legislation that is in line with the goal that we have committed to — the progressive realization of the right to housing for everyone, including tenants, who are often very vulnerable.ÌýÌý

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