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New Changes to the Residential Tenancy Act

The BC government recently passed Bill 14 – Tenancy Statues Amendment Act, 2024, which amends the BC Residential Tenancy Act (RTA) and the BC Manufactured Home Park Tenancy Act (MHPA). On May 16, 2024, Bill 14 was granted royal assent and some changes to the RTA and the MHPA have already taken effect.

If you are a landlord or a tenant, this is a brief overview of the changes to RTA that are already in effect and that could have an impact on you:

  1. Section 49(2) now states that landlords must provide 4 months’ notice if they intend to use the rental unit for personal use, including:

a. If the landlord or a close family member intends to occupy the rental unit;

b. If the landlord is a family corporation and a person owning voting shares in the corporation or a close family member to that person intends to occupy the rental unit;

c. If the landlord wishes to sell the unit;

d. If the landlord wishes to demolish or convert the rental unit.

2. Section 22.1 prohibits the landlord from increasing the rent when the number of occupants increases because a minor or a person who was a minor when the tenancy agreement was signed, moves in.

3. Section 44.1 prohibits a landlord from giving the tenant notice to end tenancy unless the relevant requirements apply, or the landlord had reasonable belief that the relevant requirements applied.

4. Section 49 prohibits the landlord from ending a tenancy for their own use, for close family use, or for a purchaser if the building contains more than five rental units if not stratified or if stratified and owned by the same owner.

5. Section 49(8) extends the tenant dispute period for a notice to end a tenancy under Section 49 of the RTA from 15 days to 30 days for all reasons unless a different period is prescribed, which will not be less than 15 days.

6. Section 95(1) states that Section 22.1 (restriction on varying rent based on number of occupants) and Section 44.1 (landlord prohibition respecting the end of tenancy) are now offences under the RTA and subject to a $5,000 fine.

Although these changes are already in effect, there are more changes that will take effect later in the year and in phases. We will update this article as new RTA changes come into force.

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