Residential Tenancy Law. LSLAP Training. May 10, BROUGHT TO YOU BY Joshua Prowse and Juliana Dalley of Community Legal Assistance Society

Similar documents
12. Service Provisions

2. Ending a Tenancy: Landlord s Use of Property

Guide to. Form J Application to Director. What is this form for? How to complete these forms?

39. Direct Requests Sept-17

Copyright of 1stAssociated.co.uk. Not to be used in any format without express written permission

Ontario Eviction Refresher Keith Moyer

S75A and Disruptive Behaviour Management Unit (DBMU) Fact Sheet

Manufactured Home Site Tenancy Agreement

Sundance Apartments. Addendum to Residential Tenancy Agreement

LANDLORD - TENANT Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813)

How to handle the eviction process GUIDE. Protecting the things that matter most

Exhibit 9-2 Tenant Grievance Hearing Process

Dispute Resolution Services

Eviction. Court approval required

WHEN YOU OWE RENT TO YOUR LANDLORD

19. Assignment and Sublet

Guide to Taking a Rent Arrears Case to VCAT

Residential Tenancy Agreement

EVICTIONS including Lockouts and Utility Shutoffs

What Manitoba Landlords. Need to Know. Know your rights and responsibilities

Basic Eviction Defense Training

Guide To Recovering Possession Of Residential Property

RENTERS GUIDE TO EVICTION COURT

2.1 The Independent Expert valuer s charges will be in accordance with the following table. VAT will require adding to the charges quoted here.

Right to Buy Policy SER-POL-18 Version 5.0 Date approved: February 2017 Approved by: Chief Executive

Talk contents: Bad signs. Remember: Dealing with Tenants Rent Arrears. PART 1 Choosing the tenants. Avoiding bad tenants

Lease Extension Interested in extending your lease? We hope you find this guide useful in informing you of your options and how to go about it.

Rules for the independent resolution of tenancy deposit disputes. 1st Edition, 1st April 2016

Surrey Rental Premises Standards of Maintenance By-law. The Planning and Development Department recommends that Council:

Moving Forward on Co-operative Housing Tenure Disputes Resolution

MANUFACTURED HOME PARK TENANCY ACT

CHAPTER NINETEEN: LANDLORD AND TENANT LAW

Submission to the Review of Disability Legislation in Victoria

Dispute Resolution Services

Briefing Note: Residential Possession Proceedings

Civil and Administrative Tribunal New South Wales

Copyright 2017 by the UBC Real Estate Division

Manufactured Home Site Tenancy Agreement

Landlord and Tenant Action from Attwells Solicitors

NFoPP QCF Level 3 Technical Award in Residential Letting and Property Management (England and Wales)

Leases from start to finish

The Court and its staff CANNOT tell you what you should do about your problem.

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954.

Early Termination of a Fixed Term Tenancy Agreement by Tenants

Landlords guide to Lease Forfeiture. Vicks Enforcement

Residential Tenancy Agreement

Chapter 1. Questions Licensees Frequently Ask the Commission

Demoted Tenancies Your Questions Answered

What is the Tenancy Deposit Scheme?

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of

ENFORCEMENT OF POSSESSION ORDERS

You can search for cases tried in Alberta Court of Queen s Bench pertaining to residential tenancy -

CHAPTER NINETEEN: LANDLORD AND TENANT LAW

Overview - Training Objectives

LEASEHOLD PROPERTY CLIENT GUIDE

The RTA covers most rental housing in Newfoundland & Labrador. However, it does not apply to the following:

These are plain language definitions for the commonly used terms in this guide.

Rent and other charges

tenant survival guide

If a Tenant Does Not Pay Rent

A GUIDE FOR DIRECTORS AND MEMBERS: TERMINATION OF MEMBERSHIP AND OCCUPANCY RIGHTS IN ALBERTA HOUSING COOPERATIVES

Dispute Resolution Services Residential Tenancy Branch Office of Housing and Construction Standards Ministry of Housing and Social Development

Tenancy Deposit Protection Overview

Request for public input on how to improve security and fairness for renters and rental housing providers throughout the province.

Title 10: COMMERCE AND TRADE

Residential Tenancies Act, 2018 Jean Bishop Director of Residential Tenancies September, 2018

HS/ Housing Solutions Localism Act 2012 Housing Act 2004 Data Protection Act 1998 Data Protection Policy Inclusion Strategy

My landlord wants to evict me because I owe rent

Dispute Resolution Services

Non-payment of Rent. Do you know and understand the rules for terminating a tenancy for non-payment of rent? O N L I N E

CHAPTER NINETEEN: LANDLORD AND TENANT LAW

What is the Tenancy Deposit Scheme?

Who should read this? How To (Post-Tenancy) Tenants Agents Landlords. The dispute process

Renting a Mobile Home Site

Tenant s Rights in Colorado

Renters At Risk - Submission to the Rental Housing Task Force

Page: 1 DECISION. Introduction

Governing or Regulatory Body: Department of Justice is responsible for the Residential Tenancies Act

YOUR RIGHTS AS A SECTION 8 TENANT:

Rent Collection. Agreat deal of the joy of property ownership disappears

Misuse of caravan holiday homes

Residential Tenancy Agreement (British Columbia)

Landlord/Tenant Frequently Asked Questions

Dispute Resolution Services

Pro Bono Law Alberta Landlord & Tenant Cheat Sheets

DECENT HOUSING IS A RIGHT

Dispute Resolution Services

Burnetts Assured Shorthold Tenant Eviction Scheme

02 Register with us 03 View with us 04 Making an offer 05 Helping you in your new home 06 Your utility bills 07 Move with us 08 Making your move

Del Val Realty & Property Management

Guidance notes to help you complete Dispute Applications and Responses

Welcome to Advice Direct..., the written information service from Guild Advice.

BUSINESS PROPERTY LEASES

ASSIGNMENT OF LEASES. Presented by Andrew Brown, Principal Brown & Associates, Commercial Lawyers. 8 March 2016

DECISION. This tenancy began April1, 2008 with monthly rent of $ and the tenants paid a security deposit of $

Rentersʼ Guide to Eviction Court

TERMINATION OF A TENANCY

Dispute Resolution Services

Definition of residential premises. 11 Offence

Dispute Resolution Services

Transcription:

Residential Tenancy Law LSLAP Training May 10, 2016 BROUGHT TO YOU BY Joshua Prowse and Juliana Dalley of Community Legal Assistance Society

Overview Introduction When does tenancy legislation apply? Common tenancy issues The dispute resolution process How to handle a landlord/tenant file Key resources Questions?

Introduction The landlord/tenant relationship is essentially based on a contract (a tenancy agreement) between landlord and tenant But there are 2 statutes that overarch the parties contractual arrangements: Residential Tenancy Act ( RTA ) Manufactured Home Park Tenancy Act ( MHPTA ) The regulations provide standard terms that must be included in any tenancy agreement Parties cannot contract out of the Acts (see s. 5 in both Acts)

What do the RTA/MHPTA do? The RTA and MHPTA: Give tenants greater security of tenure than they would otherwise have Put a limit on rent increases Set out basic standards of maintenance that landlords have to meet Set out what conduct justifies a landlord s eviction of a tenant Create a forum - the Residential Tenancy Branch ( RTB ) - for resolving disputes under both the RTA and the MHPTA

When do the RTA/MHPTA apply? The RTA applies to most tenancy agreements for rental units (s. 2 of RTA) Note the definitions in s. 1 of the RTA, especially: "rental unit" means living accommodation rented or intended to be rented to a tenant; "tenancy" means a tenant's right to possession of a rental unit under a tenancy agreement; "tenancy agreement" means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit;

When do the RTA/MHPTA apply? The MHPTA applies to most tenancy agreements regarding manufactured home sites (s. 2 of MHPTA). Note the definitions in s. 1 of MHPTA, especially: "manufactured home site" means a site in a manufactured home park, which site is rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home; "tenancy" means a tenant's right to possession of a manufactured home site under a tenancy agreement; "tenancy agreement" means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a manufactured home site, use of common areas and services and facilities;

When do the RTA/MHPTA apply? WARNING!! There are some tenancy type situations that are excluded from both Acts Consider whether your clients are covered by the legislation, or whether they are excluded under s. 4 of either the RTA or MHPTA

When do the RTA/MHPTA apply? Look carefully at s. 4 exceptions include: non profit cooperative housing housing provided by an educational institution to its students/employees housing where the tenant shares bathroom or kitchen facilities with the owner living accommodation included with, and rented under an agreement with, business premises holiday accommodation emergency/transitional housing housing under the Community Care and Assisted Living Act, Continuing Care Act, Hospital Act, or Mental Health Act jails tenancy agreements with a term longer than 20 years AND MANY MORE

When do the RTA/MHPTA apply? Cases that fall under the RTA or MHPTA should proceed at the RTB; those that do not should proceed in court (as appropriate Small Claims, BCSC, Federal Court). When you are unsure whether or not the case falls under the RTB s jurisdiction, go to the RTB (not court) to get a determination. It s faster.

Common tenancy issue #1 A landlord wants to evict a difficult tenant. She needs advice: how she can legally do that?

Major grounds for eviction The possible grounds for eviction are found at Part 4 of the RTA and Part 5 of the MHPTA: Non-payment of rent or utilities Cause End of employment with the landlord Landlord s use of property Tenant ceases to qualify for rental unit

Common tenancy issue # 2 A tenant has been served with a notice to end tenancy that says he must move at the end of the month. Is there anything he can do?

How a tenancy ends Part 4 of the RTA and Part 5 of the MHPTA set out how a tenancy may end: Notice to End Tenancy Time for tenant to pay overdue rent, if applicable, or file an application for dispute resolution Conclusive presumption if overdue rent not paid or application for dispute resolution not filed Order of Possession Writ of Possession

Common tenancy issue #3 A tenant is concerned about the bad state of repair of her rental unit. What are her rights?

Maintenance and Repairs Sections 32-33 of the RTA and s. 26-27 of the MHPTA address landlord and tenant obligations to repair and maintain the rental unit The Policy Guideline: Landlord & Tenant Responsibility for Residential Premises provides more detailed information

Common tenancy issue #4 A tenant is frustrated by the person in the next apartment, who constantly harasses her and uses derogatory language towards her. The landlord isn t doing anything about it. What are the tenant s rights?

Quiet Enjoyment Section 28 of the RTA and s. 22 of the MHPTA address the tenant s right to quiet enjoyment See also the Right to Quiet Enjoyment policy guideline

Common tenancy issue #5 A tenant has not received his damage deposit back, 3 weeks after moving out. What are his rights?

Security Deposits Part 2 Division 5 of the RTA deals with the return of security deposit at the end of a tenancy Landlord has 15 days from the later of the date the tenancy ends or the date the tenant provides her forwarding address in writing to return the security deposit or make a claim against the deposit at the RTB Note the importance of a condition inspection report

Common tenancy issue #6 A landlord is concerned his suite is rented to a long-term tenant, way below market rent. How can he go about increasing the rent?

Rent Increases Part 3 of the RTA and Part 4 of the MHPTA address rent increases Part 4 of the Residential Tenancy Regulations and Part 5 of the Manufactured Home Park Tenancy Regulations also address rent increases There is also a Rent Increase policy guideline

The Residential Tenancy Branch Dispute Resolution Process Parties can apply for Dispute Resolution to enforce their rights under the RTA or MHPTA, to seek compensation or an order of possession or to dispute an eviction Part 5 of the RTA and Part 6 of the MHPTA address dispute resolution Dispute resolution hearings are generally conducted by telephone conference

The Review A party can request a review of an unfavorable RTB decision If a party is successful on review, the RTB will usually hold a new hearing There are three narrow grounds for review: A party was unable to attend the original hearing because of circumstances that could not be anticipated and were beyond the party s control A party has new and relevant evidence that was not available at the time of the original hearing A party has evidence that the director s decision or order was obtained by fraud

Judicial Review If an arbitrator s decision is very seriously problematic you can advise the client to consider seeking judicial review in BC Supreme Court A JR may be possible where the RTB s decision has very serious problems with it, such as: lack of procedural fairness; failure to apply the right legal test; glaring errors of fact that a judge could identify simply by looking at the decision and the evidence Note there is a 60 day time limit for bringing judicial reviews. You can refer people with possible tenancy JRs to Community Legal Assistance Society at (604) 685-3425.

How to handle a landlord/tenant file Initial assessment of the file Does client fall under the legislation? If so which Act (the RTA or the MHPTA)? If so: Have any notices been served (e.g. notice to end tenancy)? Does your client need to dispute a notice? Is there a hearing date? Determine the next steps and identify any deadlines

How to handle a landlord/tenant file Negotiation (if possible) It is very often best to resolve landlord/tenant problems without going to a hearing, particularly if your client wants the tenancy to continue Use your client s entitlement under the tenancy agreement and any relevant legislation as a baseline for any settlement proposals Bargaining chips: cost of hiring bailiff, cost of responding to judicial review, payment of arrears etc.

How to handle a landlord/tenant file Applying for a dispute resolution hearing If your client is the applicant, ensure that she files an application for dispute resolution in time. Note time limits in s. 46, 47, and 49 of the RTA The fee for filing an application can be waived if your client shows the RTB evidence of low income

How to handle a landlord/tenant file Preparing for a dispute resolution hearing Gather the appropriate evidence, and ensure you meet the deadlines for serving the evidence and filing it with the RTB (see Rules 3 and 4 of the Residential Tenancy Branch Rules of Procedure). Documentary evidence may include photos, tenancy agreements, letters, rent receipts, etc. Make evidence as simple and relevant as possible. Decide what witnesses you ll need and arrange for them to attend the hearing or be available by phone. Get signed and dated statements from any important witnesses that are unavailable. Prepare questions for your witnesses who will be attending, and prepare to cross examine the other side. Prepare your client for the hearing impress on her/him the importance of sticking to the relevant issues and being non-inflammatory.

The Hearing Hearings are usually done by phone rather than in person. This creates challenges. Hearings are run (and decided) by an Arbitrator. You can address him/her by the title, Mr./Ms. Arbitrator. Hearings are not as formal as court, but are still formal. Be prepared for an unrepresented party on the other side and be prepared for people to get aggravated. While it s best not to act overly lawyerish, some hearings may veer toward disorder (due to unruly witnesses and disorganized Arbitrators) and it is helpful if you can try and steer toward structure in the hearing.

The Hearing Aim to cover each of these stages in the hearing, to make sure you get your case across properly: Opening statement tell the story you think the evidence will show and then say what you are asking the dispute resolution officer to do Applicant presents its case and then respondent cross-examines applicant s witnesses (if any) Respondent presents its case and then applicant cross-examines respondent s witnesses (if any) Closing statements sum up the case and reiterate what you want the dispute resolution officer to do

The Hearing Disputes often turn on factual differences, and both sides can often be a bit right and a bit wrong. To make the most of your facts, make sure your client comes across as reasonable, honest and credible.

The Hearing Consider asking for a delayed order of possession in the alternative See s. 55(3) of the RTA and s. 48(3)of the MHPTA Highlight prejudice to your client if 48 hour order issued and lack of prejudice to the landlord if a longer order is issued Note importance of minimizing landlord s financial loss

Key Resources The Residential Tenancy Branch website http://www.rto.gov.bc.ca/ is a very helpful resource containing: The Acts and Regulations Forms RTB Rules of Procedure Policy Guidelines Fact sheets See also chapter 13 of the LSLAP manual TRAC Tenant Resource & Advisory Centre www.tenants.bc.ca is a helpful website with resources for tenants

Questions?