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B.C. government launches website to deter bad-faith evictions: What you need to know
If you’re a landlord and you want to kick someone out so you can use the apartment for personal use (ie. for your child), you have to register Published Jul 18, 2024 • Last updated Jul 19, 2024 • 4 minute read Thursday marked the launch of a new provincial website intended to protect renters from bad-faith evictions. Photo by Francis Georgian /PNG A new provincial website intended to protect renters from bad-faith evictions went live last week. As of July 18, rental suite owners will be required to use the web portal if they want to reclaim those suites for personal or caretaker use. “The web portal will better protect renters from being evicted in bad faith,” the Housing Ministry said in an email. “Landlords and renters ultimately benefit from an improved rental system that encourages better compliance.” THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Vancouver Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Vancouver Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. Sign In or Create an Account or Article content Here’s what landlords and renters need to know: What are the changes? Landlords will have to use the portal whenever they plan to issue notices to end tenancy. The portal will explain the conditions required for eviction and the penalties for bad-faith evictions, as well as any amount of compensation landlords will be required to issue to evicted tenants. Landlords giving notices to end tenancy will be required to include information about the people moving into the home. Under the Residential Tenancy Act, a landlord can evict a tenant if they or a close family member, such as a parent, spouse or child, or a superintendent of the building, are moving in to the unit. Landlords evicting tenants in bad faith could be ordered to pay displaced tenants 12 months’ rent. The amount of notice a tenant must receive before being evicted has increased to four months from two. And the time a tenant has to dispute an eviction has increased to 30 days from 15. Also, the person moving in must occupy the home for at least 12 months. Why does the province feel it’s necessary? The information collected will allow post-eviction audits to ensure landlords have followed through on their stated reason to end the tenancy. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Article content Article content “While we have taken actions against bad-faith evictions, some landlords are continuing to evict tenants under the guise of landlord use, only to rent out the unit again, but at a significantly higher rent amount,” the ministry said. “The portal will help ensure notices are properly completed with all required information and records attached.” The time tenants have to dispute evictions was increased to 30 days from 15 to allow them time to find support or advice. “The extension to 30 days gives them more time to gather information and resources accordingly when deciding whether to apply for dispute resolution.” Landlords are being required to give four months’ notice to give renters more time to find another home, the ministry said. “This change is also consistent with the time period for other four-month notices for demolition or conversion of the rental unit, as well as for major renovations.” How do landlords feel about the portal? “The actual portal itself is perfectly fine,” said Hunter Boucher, vice-president of operations with Landlord B.C. “Essentially, it’s like filling out a form, it’s not too much different than filling out a PDF except it prompts you for information.” Article content What the association isn’t happy with is the province doubling both the eviction-notice time and the time to appeal evictions without having first gathered information from the portal after, say, a year’s worth of data has been collected. “How often are evictions disputed? How often are bad-faith evictions actually occurring? All we really know are anecdotal accounts which are occasionally problematic, certainly. Having hard data on that is an important factor,” Boucher said. Is the portal good news for tenants? “The short answer is yes,” said Rob Patterson of the Tenant Resource and Advisory Centre. It looks like tenants will get a little more information from landlords who give notice, such as the name of the person who will be moving in, which should
New mortgage rules for insured mortgages after July 1st 2020?
New Mortgage rules from CMHC. Can I afford to buy a home after July 1st, 2020? New Mortgage rules again. The Canadian Mortgage and Housing Corporation (CMHC) is tightening the criteria to get a mortgage with less than a 20% down payment. Any potential home buyer with less than a 20% down payment must purchase default insurance on…
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Rent increase of 23.5% approved for landlord: RTB
Posted August 13, 2024 11:24 am. Last Updated August 13, 2024 11:42 am. Are the high interest rates of the last few years a reason enough to allow landlords to increase rents above the allowable limit? The Residential Tenancy Branch said that was the case in at least one ruling, where one landlord was approved to hike rents by 23.5 per cent over two years. In a decision posted earlier this year , the RTB said the landlords’ application for an additional increase of that amount over two years was approved, adding they “must impose this increase in accordance with the Act and the Regulation.” “I find the Landlords have been successful. They have proven, on a balance of probabilities, all the elements required to be able to impose an additional rent increase for a financial loss for financing costs of purchasing the residential property under section 23 of the Regulation,” the ruling reads. “The Landlords seek an additional rent increase of 23.5%. Section 23(4) of the Regulation states when considering an additional rent increase application for a financial loss for financing costs of purchasing the residential property, the director may order that the increase granted under subsection (1) be phased in over a period of time. I find this rent increase significant in one installment, and I order it may be applied over two years.” The RTB ruled that in the first year, the landlords were allowed to raise rents for each of the four units by 3.5 per cent — the annual allowable — plus an additional 12 per cent. The second year could rise by whatever the provincial maximum is set at, plus 11.5 per cent. The board explains that a landlord can apply for additional rent increases “if they, acting reasonably, have incurred a financial loss for the financing costs of purchasing the residential property, if the financing costs could not have been foreseen under reasonable circumstances.” The RTB says the landlords in this situation purchased the fourplex rental property — their first such building — in October 2021. Initially, their borrowing rate was 1.9 per cent “The landlords testified that they have always used a variable rate mortgage and at the time of setting up the mortgage, the rates had been stable. At the time, there was no definitive indication that the interest rate would increase as much as it did,” the board wrote. By July 2023, the RTB says the landlords’ mortgage rate jumped to 6.65 per cent. As of May 2024, the RTB said the landlords’ rate remained 6.65 per cent. Fixing their mortgage in 2023 was reportedly not an option, with the RTB saying the landlords’ noted they were “too early in their mortgage term” and that doing so would incur a penalty that was “very large.” However, tenants cited in the RTB’s decision argued that it was “reasonably foreseeable that the rate will change,” as the landlords had a variable rate mortgage. “The Landlords should enter these kinds of financing circumstances with a cushion to absorb the rate variability,” they said. “The Landlords reached out to the Tenants in April 2023 and asked if they would be agreeable to an additional rent increase over the annual allowable limit. Tenant M.S. said the Landlords asked the Tenants for a $500.00 per month increase. The Tenants were not agreeable. Some Tenants argued that this is the Landlords’ investment, so how can this be classified as a loss when the Landlords are ‘going to come away with a million dollar house,’” the ruling reads. As a standard, landlords in B.C. may only increase rents annually to a certain cap set by the provincial government. For 2024, the maximum was set at 3.5 per cent. “Tenants must pay the increased rent, unless the increase is unlawful,” the province states on its website. “Landlords can only increase rent if they provide tenants with at least 3 full months notice. Rent can only be increased once every 12 months and must be within the yearly rent increase limit, as set by the Residential Tenancy Branch.” LandlordBC CEO David Hutniak was not available for an interview. While he was unable to review this decision specifically, he tells 1130 NewsRadio via email that “our sector is experiencing huge fiscal challenges due to the escalating operational costs especially those out of our control like taxes, insurance, utilities, and fees.” “High interest rates have exacerbated an already bad situation. Furthermore, a steady stream of regulation, layered upon layer, with rent control being the most notable, are pushing more and more rental housing providers to abandon the sector” Hutniak wrote. “So although I’ve not reviewed this specific decision, the challenges this rental housing provider has experienced I know are not unique and the approved increase is likely deficient. Nevertheless, it is encouraging to see an Arbitrator at the RTB recognize the need to make the ruling that they did.” 1130 NewsRadio has reached out to the Ministry of Housing and the Tenant Resource and Advisory Centre for comment.