Proposed changes to legislation around residential rentals will mean more protection for both renters and landlords, according to the provincial government.
On Tuesday, the province announced amendments to the Residential Tenancy Act and the Manufactured Home Park Tenancy Act intended to protect people from bad-faith evictions, lengthy rental disputes and rent increases when a child is added to a household.
Premier David Eby said Tuesday that the proposed changes attempt to “close loopholes” that both renters and tenants have used during tenancies.
“While most landlords and tenants play by the rules and have respectful relationships, too many people in B.C. are still facing unfair rent hikes and evictions under false pretenses,” Eby said.
“At the same time, many people who have chosen to rent [out] part of their home are struggling to end problematic tenancies.”
Bad-faith evictions
According to Renting It Right, an education website for British Columbian tenants, bad-faith evictions happen when a landlord does not use a unit for the purpose given in the eviction notice for at least six months. For example, a landlord could say they’re moving into the unit, but if they don’t and instead rent the unit out at a higher rate, that would be considered a bad-faith eviction.
Now, the time landlords must occupy a rental unit after ending a tenancy will be 12 months, instead of six.
Landlords are allowed to end a tenancy so they or a close family member can move in, to convert the unit for another use or for demolition. Each reason for eviction requires a different length of notice. The province says it will increase the amount of notice landlords have to give for personal occupancy.
Landlords will also be required to use a web portal to create eviction notices when they intend to use the unit for personal reasons, which the province said will allow for audits post-eviction.
“Renters should not lose their homes because of some bad actors who don’t follow the rules,” Housing Minister Ravi Kahlon said.
Changes will also prohibit evictions for personal use in rental buildings with five or more units, and evictions with the intention of converting rental units for non-residential uses.
The province said it is going to increase the amount of time a tenant has to dispute an eviction notice from 15 to 30 days.
Rent increase restrictions
Proposed legislative changes will restrict rent increases when a tenant adds a child under 19 to their household — meaning landlords can no longer increase rent if their tenant has a baby, for example.
“No rent increases above the annual allowable rent increase will be permitted even if there is a term in the tenancy agreement that states rent will increase with new occupants,” the province said in a media release.
Kahlon said changes are being made to protect long-term renters, and seniors in particular.
“When they lose their homes it’s more likely that they’re on the pathway to finding themselves homeless,” he said.
Rental disputes
Kahlon said there’s been an increase in cases coming to the Residential Tenancy Branch (RTB) in recent months.
Eby said the province has added additional staff to the RTB to help reduce wait times to resolve rental disputes, and claims wait times have been reduced by more than 50 per cent.
In particular, the dispute process for unpaid rent or utilities is down from 10.5 weeks to under five, the province said.