Allowances - Post Living Differential (PLD) [MERGED]

[Pusser]

Do you have a lease? 

Under the Nova Scotia Landlord and Tenant's Act, a landlord cannot withhold your deposit without reason.  For the most part, the only acceptable reason would be for damages.  Lying about your financial situation is not sufficient reason for her to withhold the deposit - it's none of her business.  However, if you don't have a lease, this could be more difficult to pursue (not impossible, but difficult).  The absence of a lease does not absolve a landlord from following the provisions of the Act, it just makes it more difficult to prove it.

As for the Orderly Room, you should make a formal complaint.  I would start with the Superintendent Clerk, but if he/she brushes it off, enlist the aid of your Chain of Command.  If that fails, call the military police (I'm serious).  Don't let anyone tell you that they can't determine who passed the information until you see a police report.

Disclosure of personal information to a party not authorized to receive it is a dereliction of duty, a breach of trust and in violation of both Government Security Policy and the Privacy Act.  I can think of a number of appropriate charges under the NDA (Sections 129 and 130 immediately come to mind).  For a clerk to discuss personal information with any unauthorized person is TOTALLY unacceptable!

 

[EpicBeardedMan]

I signed a rental agreement (the standardized one from BC) and the bor has a copy. From what im hearing from the COC it seems that this shouldnt of happened. Couldnt get a hold of the PO today (bor hours on a friday lol) but i will find out next week.

 

[Zoomie]

Just continue to tell her that your PLD was canceled.  Most probably she didn't call the BOR and is just BSing you.  Play her bluff and see what happens.  Small claims court is your next step - no lawyers needed, just file the complaint and have your day in front of a judge.

 

[ModlrMike]

I don't think lying about your financial situation is a particularly venomous sin in BC. Past Premiers seem to have gotten away with it.  ;D

 

[ballz]

I can see why you are moving out, she's clearly a bit nuts. I feel bad for the person you have filling your spot, I hope he's not a friend haha.

 

[Pusser]

I've had some more time to think about this (it's been awhile since I was a landlord and that was in NS, but most provinces have similar rules).  The deposit you pay on renting an apartment is for damages only and even then fair wear and tear doesn't count.  When you leave an apartment, the landlord is required to return the deposit (less damages) PLUS interest.  The landlord cannot withhold the deposit even for non-payment of rent.  In other words, the landlord has to sue you for any non-damage related costs that you may owe.  In many cases, a landlord and tenant can agree to use the damage deposit to cover other expenses, but the landlord cannot make this decision unilaterally.  Like I said, my direct experience is with the NS Landlord and Tenants Act, but I suspect BC's is similar.  You should get yourself a copy (likely available on line) and have a read.  In fact, in NS, one of the provisions of the Act is that the landlord is required to provide a copy to the tenant when he/she moves in.

 

[EpicBeardedMan]

The deposit you pay on renting an apartment is for damages only and even then fair wear and tear doesn't count.  When you leave an apartment, the landlord is required to return the deposit (less damages) PLUS interest. 

Yeah the kicker to that which makes me kind of laugh is the fact that no damage inspection was done before I moved in, therefore by law, extuingishing her claim on my deposit. It's such a waste of time and she's basically only doing this because she probably spent the deposit and has no way to get the money back.

 

[ModlrMike]

If you have the time, take her to court. You'll likely scare her into compliance. Read these links to see how easily you can access BC small claims

BC Small Claims Court

Small Claims Rules

You can probably get a summary trial which will be decided in less than an hour.

Send her a registered, receipt required letter formally requesting return of your deposit. Ensure you include the details about the move-in inspection (or lack thereof). Give her a date to act by (two weeks should suffice). If she fails to act, file an action against her with the court. I know it will take some work on your part, but if she gets away with it with you, then she'll try again and again.

 

[EpicBeardedMan]

I hope it doesnt get to that point because then I'd have to also take her to court for my court fees.  :

 

[jside86]

good day everyone

I was just wondering if you find that PLD or post living differantial accros Canada was fair and well design?

For example I am a Cpl that just got posted from edmonton to Wainwright

not that I dont like wainwright but... I lost 684.00$ PLD and 297 field pay comming  from Edmonton to Wainwright

I just Read all the documentation about PLD

and I seriously dont understand why city like Wainwright doesnt have PLD or isolation pay?

Since every other city or town in alberta got it

Edmonton, Calgary, lethbrige, Red deer, even cold lake, they all receive PLD and suffield Get isolation status even if they are 20 away from Medecin Hat

So why here in Wainwright AB where we only have a Wallmart and a CT where when we need something of a specialty like clothing or electronic even furniture, we need to drive ehter one hour to go to Lloydminster or 2 to Edmonton

I own a house in Edmonton and one in Wainwright, and I can tell you it is as expensive if not more to live here in Wainwright than Edmonton
but without the nice 684 .00$ that PLD provide to Edmonton

Here is my point why Wainwright Should have PLD...

1. If you want a house they is not many to chose from and it is expensive I mean 200'000.00$ and more like Edmonton
and if you want a decent PMQ your payment is going to be as much than a 250 000.00 mortgage...

2. if you need something you need to drive away

3. grocery, gas is the same price if not more expensive than Edmonton

3. utility and city taxe are more expensive at least 10% more

4. for people that rely on spouse income to help paying the mortgage, kid, car ,etc.  employement is limited

so here is all my point fell free to comment

 

[Strike]

jside86 - I just got this link and can tell you that the 2010 numbers for Wainwright are less than Edmonton, especially when you compare the net property tax.  Sure, houses are expensive compared to other towns of the same size - without a military base - but not compared to Edmonton.

http://www.wainwright.ca/residents/properties.shtml
http://www.edmonton.ca/business/documents/PropertyTax_Final_2010_Final_Report.pdf

I did a quick search on MLS to confirm, and I'll tell you, similar houses in Wainwright sell for about $40-80 grand less than Edmonton.

 

[aesop081]

not that I dont like wainwright but... I lost 684.00$ PLD and 297 field pay comming  from Edmonton to Wainwright 

Yeah, so ?

 

[jside86]

I know the number and I made the math actually the math are pretty easy to be done

Wainwright should receive PLD

Yes in Edmonton housing is more expansive but look at cold lake, lethbridge and red deer they all receive PLD and house are same price as wainwright and their is more to chose from

And I am not bitching about having no PLD I am just stating a fact

Not a single military soul living in wainwright is going to tell you different

 

[Infanteer]

Wainwright should receive PLD

Tell that to the Treasury Board then.

 

[jside86]

Good idea

I was thought writhing a letter to the CLS but what would be the impact???

Treasury board that could be a great idea

Thanks

 

[Occam]

I was thought writhing a letter to the CLS but what would be the impact???

Well, the immediate impact was me snorting beer out my nostrils...

Further impact would likely be at least several orders of magnitude more unpleasant.

 

[REDinstaller]

And such a letter has gone forward, but TB can take a long time to action. My former ETQMS was the example stated in the letter as his house in Irma cost over 250,000.

 

[Strike]

Yes in Edmonton housing is more expansive but look at cold lake, lethbridge and red deer they all receive PLD and house are same price as wainwright and their is more to chose from

I'd like to know where you're getting your housing prices from, but Cold Lake housing prices are much more expensive than Wainwright, according to MLS.  I haven't checked Red Deer or Lethbridge, but I can if you want me to.

 

[Webgear]

jside86

I am not sure if you are not aware however all three commanders  (CMTC, Base and LFWATC) in Wainwright are pressing this issue with various chains of command.

There is a quality of life board (not sure if this the correct name) on base that is attempting to fix some of the quality of life issues faced on the base such as CANEX hours, banking, and the barber shop price/hours.

I believe the board meetings are posted routine orders and is open for anyone to join or attend.

This issue has been ongoing for years, and will likely not be solved anytime soon. Just enjoy your time in Wainwright and hope that your next posting that has PLD, LDA.

I recommend getting involved in any of the base community events that are upcoming and support your mess. Wainwright is one of my better postings, and my family has enjoyed the base life a lot, you just have to make the best of it.

 

[Neill McKay]

Something that is true in New Brunswick (but not necessarily in the OP's jurisdiction) is that the deposit is held by the Office of the Rentalsman, not by the landlord.  It's an offence for the landlord to have it at any time, except that he can collect it from the tenant and immediately hand it over to the Rentalsman at the beginning of the lease.  (Tenants have the option of paying it directly to the Rentalsman, if they prefer, and recovering it directly from the Rentalsman when the lease is over.)  This seems to be often overlooked by tenants and landlords, to the advantage of landlords.

It may be worth checking on this in your jurisdiction.