Residential Tenancy Act

UPDATED: Selling Tenant-Occupied Properties During the COVID-19 Pandemic

Update: This post was updated on May 5, 2021 after a review of suggested protocols. REALTORS® are encouraged to read the updated version below. Selling a tenant-occupied property is always more complicated than selling an owner-occupied property. Selling a tenant-occupied property during a global pandemic adds another layer of complexity.  As a REALTOR®, you have

Rent Repayment Plans and Other Residential Tenancy Updates

Rent payment being made by cheque

With an announcement on July 20, the BC Government is giving landlords and tenants information to help them plan for the near future. The ban on residential evictions for non-payment of rent will be lifted before September 1, which means full rent will be due in September. Repayment plans The government has published a repayment

Life Lease Housing and Seniors #351

Legally Speaking

By Gerry Neely B.A. LL.B Life lease is a term for an alternative residence and ownership arrangement for seniors. The term has been growing in BC over the past ten years because of its appeal to seniors with shared interests and values. The typical arrangement involves a non-profit service club or church sponsoring the construction

Unsafe premises; Injuries; Occupiers Liability Act #235

Legally Speaking

By Gerry NeelyB.A., LL.B. Before the enactment of the Occupiers Liability Act, at common law a landlord renting unfurnished premises owed no duty to his tenant or to any other person entering on those premises. The Act changed the common law to make a landlord who leases unsafe premises liable for damages to person or property, if

Residential Tenancy Act #225

Legally Speaking

By Gerry NeelyB.A., LL.B. Landlords will have to be as quick off the starting blocks as Linford Christie, in the 100 meters at the Commonwealth games, if they are to retain the benefit of a security deposit for unpaid rent or damages owed by a departing tenant. A section of the Residential Tenancy Act, which is in

Adult Only Buildings and the Human Rights Act #210

Legally Speaking

By Gerry NeelyB.A, LL.B. How do amendments to the Human Rights Act (HRA) affect a developer pre-selling strata residential units in an intended adult only development? Amendments to the HRA enlarged the definition of age to include anyone between 19 and 64 years inclusive, and added family status as one of the prohibited discriminatory practices in the

Residential Tenancy Act Amendments #204

Legally Speaking

By Gerry NeelyB.A., LL.B. By the time this is published amendments to the Residential Tenancy Act will have received third reading, but will only become effective by order-in-council. A review of the more interesting amendments follows. Section 27 of the Act gives a landlord the right to terminate the tenancy where the number of persons permanently occupying

Landlord's Liability – Leased Premises #109

Legally Speaking

By Gerry Neely B.A. LL.B What do the Province of British Columbia, the Municipalities of Enderby and Chilliwack, Hudson’s Bay Company, Safeway, Grouse Nest, Royal Canadian Legion and landlord have in common? They have been sued under the Occupiers Liability Act by someone injured on premises over which they had a responsibility to ensure that

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

Lease, Agreement To – Void for Uncertainty #85

Legally Speaking

By Gerry NeelyB.A. LL.B. Lance lay on the chesterfield, his headache just beginning to respond to his wife’s soothing cool hand on his forehead. The cause of his headache – a three-day trial and a judgment that was a blow to Lance’s pride. You see, Lance thought of himself as an expert in leasing property,

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

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