Residential Tenancy

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

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

Foreclosure and Residential Tenants #448

Legally Speaking

Licensees often wonder whether during foreclosure proceedings the borrower can rent the property to a residential tenant so the tenancy survives the foreclosure. Generally speaking, the answer in British Columbia is “no”. The recent decision in First National Financial GP Corp. v. Sirotka, illustrates why.1 In 2009, the lender began foreclosure proceedings which the borrowers did

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,

Property Manager’s Liability for an Assault Upon a Tenant #79

Legally Speaking

By Gerry NeelyB.A. LL.B. A case involving an assault upon a tenant will be of interest not only to property managers and owners of rental properties, but perhaps also to Strata Corporations. The facts involve the rape of a tenant by an employee of the Company managing the property for the owners. The police concluded

Section 30 Real Estate Act #78

Legally Speaking

By Gerry NeelyB.A. LL.B. This is the section that prohibits payment of any commission or other compensation to any unlicensed person for “acting or attempting or assuming to act, as an agent or salesman.” BCREA has been asked whether payment of a tip for a tip that leads to a listing, is a breach of

Salespersons’ Duty to Obtain Highest Price – Part 2 #75

Legally Speaking

By Gerry NeelyB.A. LL.B. You have listed for sale a house, to be described in the ad as a handyman’s special, which is located on a heavily-trafficked road in the middle of two blocks of mixed residential tenancy and low profit non-conforming commercial uses. Over the past ten years, repeated attempts to rezone the area

“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

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