The BC Government introduced big changes to the Residential Tenancy Act (the “RTA”) that came into effect July 18, 2024. The changes are designed to set out clear guidelines for landlords seeking to end a tenancy, deter “bad-faith” evictions, and prevent unfair rent increases.

The RTA currently allows landlords to end tenancies for a variety of reasons, including for personal occupancy by the landlord or a close family member, conversion of the rental unit for another use, or demolition. The changes to RTA primarily apply to landlords seeking to end a tenancy for personal occupancy. Under the RTA, a landlord can evict a tenant if the following people will be moving in:

1. 1. they or a close family member (parent, spouse or child);
   2. a purchaser of the property or a close family member of the purchaser; or
   3. a superintendent for the building.

KEY CHANGES

Mandatory Landlord Use of the New Web Portal

Effective July 18, 2024, landlords are now required to use the new Landlord Use Web Portal to navigate the process of ending a tenancy for personal occupancy and to generate the appropriate notices to end the tenancy.

To protect renters from potential bad-faith evictions, landlords ending a tenancy for personal occupancy will be required to submit information about who will be moving into the unit which will then be shared with the tenant.

With information from the Landlord Use Web Portal, the Residential Tenancy Branch will be conducting post-evictions compliance audits and monitoring the frequency of personal occupancy evictions. Failure of landlords to comply with the new changes may lead to significant financial penalties associated with ending a tenancy in bad faith.

Extended Notice Periods

The July 18 changes increase the amount of notice that landlords must give tenants when evicting them for personal occupancy from 2 months to 4 months and increase the length of time that a tenant has to dispute an eviction notice from the current 15 days to 30 days. This extended notice period is to provide tenants with more time to find alternative living arrangements.

Occupancy Requirements

Previously, when a landlord ended a tenancy for personal use, the individual moving had to occupy the unit for at least 6 months. With the July 18 changes, when a landlord ends a tenancy for personal occupancy, the individual moving in must now occupy the unit for at least 12 months.

If a landlord is found to have ended a tenancy in bad faith, including if the individual moving in does not occupy the unit for a minimum of 12 months or the individual who moves in does not qualify as “personal occupancy”, the landlord could be ordered to pay their former tenant up to 12 months’ rent.

Rent Restrictions for Children under 19

Effective July 18 2024, landlords are no longer be able to increase rent if a tenant adds an occupant under the age of 19 to their household. This change will protect growing families by restricting rent increases if a tenant has a baby or adds a child under 19 to their home. The rent restriction for children under 19 applies regardless of whether there is a previously agreed upon term in the tenancy agreement that provides for rent increases for new occupants.

Personal Use

More generally, the new changes to the Residential Tenancy Act prohibit ending a tenancy for:

1. 1. personal landlord use in purpose-related rental buildings with five or more units; and
   2. the conversion of rental units to specific non-residential uses.

CONTACT RDM LAWYERS:

These are just some of the new changes that landlords and tenants should be aware of that came into effect July 18, 2024. To learn more about these and other landlord and tenant obligations, contact our office at 604.853.0774 to set up a consult with one of our experienced Residential Tenancy Lawyers.