Blanket Ban on Residential Evictions Ends

On June 24, the BC Government made it possible to evict residential tenants for reasons other than non-payment of rent. That means real estate transactions that require vacant possession can now proceed. Landlords with existing orders for eviction can take them to the courts beginning July 2, 2020, for enforcement and can enforce a writ

Aboriginal Land Development and Sale (Continued) #329

Legally Speaking

By Gerry NeelyB.A. LL.B. Column 328 referred to the landlord/tenant relationship resulting from the development of reserve lands. Once all levels of approval have been given, for example, to a residential project, a headlease is created between the federal Minister of Indian and Northern Affairs and a developer, as the tenant. This document provides the

Leases #93

Legally Speaking

By Gerry NeelyB.A. LL.B. Unless you are a property manager and actively involved in residential leases, the oddities of the Residential Tenancies Act, once known to you, may now be forgotten. This could apply particularly to a fixed term house lease, say of 12 months which as everyone knows, automatically expires at the end of the

“And/or Nominee” and “And/or Assignee” #65

Legally Speaking

By Gerry NeelyB.A. LL.B. A request has been received for an update of the current law relating to the use of the above phrases in the preparation and enforcement of interim agreements. Column No. 3 written March, 1981, referred to a case where an offer to purchase made by “the undersigned, Century 21 Real Estate

Mobile Home – Freedom of Choice to List With Any Agent #60

Legally Speaking

By Gerry NeelyB.A. LL.B. An arbitrator acting under the provisions of the Residential Tenancy Act has provided reasons for a decision involving the owner of a mobile home in a park, who had listed her home for sale with a real estate company not approved by the landlord. When the tenant had moved her home onto a

Residential Tenancy Act – Water Line Easement #35

Legally Speaking

By Gerry NeelyB.A. LL.B. A local Judge of the Supreme Court has decided in a Chambers application, that a landlord who gives notice to a tenant to vacate the landlord’s premises because the landlord intends to occupy them, is entitled to do so even though only part of the premises are to be occupied by

Lease for More Than Three Years – Illegal? #32

Legally Speaking

By Gerry NeelyB.A. LL.B. The Land Title Act requires a tenant with a long-term lease who wishes to register it, to follow the same procedure as does an owner who wants to divide his land into a number of parcels. Specifically, Section 73 provides that unless there is compliance with the subdivision requirements of the Act, “no

Understanding Stock Clauses #5

Legally Speaking

By Gerry NeelyB.A. LL.B. In reviewing lengthy legal documents, we may often concentrate on the meat of the agreement (the payments, the rents, the interest rate, etc.) and cast only a fleeting glance at the clauses which are variously described as the stock clauses, the fillers or just “all that bumpf”. In doing so, we

Amendment to the Residential Tenancies Act and Notice of Termination #4

Legally Speaking

By Gerry NeelyB.A. LL.B. The amendment to the Residential Tenancies Act (R.T.A.), which allows a vendor, on behalf of a purchaser, to give a Notice of Termination to a tenant before title has been transferred to the purchaser, has cured a problem for the purchaser who requires residential premises for occupancy for himself at the earliest possible