Read our update – August 2, 2024: British Columbia is hot and cold on notice periods
This blog was written with assistance from Summer Articled Student Jeffrey Williams.
Bill 14 received royal assent on May 14, 2024 – amending the B.C. Residential Tenancy Act (RTA) and the B.C. Manufactured Home Park Tenancy Act. The changes will come into force in various phases this summer, with major changes coming on July 18, 2024.
Please note that the following changes are prescribed by regulation.
Landlords required to use the Landlord Use Web Portal to generate Notices to End Tenancy
Effective July 18, 2024, landlords will be required to use the Landlord Use Web Portal to generate Notices to End Tenancy for personal occupancy or caretaker use. While using the website portal, landlords will be given information about the required conditions for ending a tenancy and the penalties associated with evicting in bad faith. They will also be informed about the amount of compensation they will be required to issue to evicted tenants. Please note that landlords using the website portal will be required to have a Basic BCeID to access the site.
The Residential Tenancy Branch (RTB) will be able to conduct post-eviction compliance audits and gather information about the frequency of these types of evictions. Ultimately, the website portal aims to balance the interests of both landlords and tenants, while creating a standardized process for ending tenancies for personal and caretaker use.
Notice period to end a tenancy for landlord use will increase
Under the RTA, a landlord can evict a tenant if the following people will be moving in:
- Themselves or a close family member (parent, spouse or child);
- A purchaser of the property or a close family member of the purchaser; or
- A superintendent for the building.
Effective July 18, 2024, the notice period to end a tenancy for landlord use, for any reason, is increased to four months, unless another notice period is prescribed, which will not be less than two months.
Tenants will have more time to dispute an eviction for landlord use
The tenant dispute period for a notice to end a tenancy for landlord use will be extended from 15 days to 30 days for all reasons unless a different period is prescribed, which will not be less than 15 days.
Future changes
Following the changes on July 18, 2024, the B.C. government will:
- Create an “authorized internet site” maintained by the residential tenancy director for the purposes of providing notice and other purposes under the RTA;
- Ensure that landlords can only end a tenancy to convert a residential unit to non-residential use if that non-residential use is prescribed by regulation;
- Require the RTA director to authorize notices to end tenancies under certain prescribed sections of the RTA, which are yet to be determined; and
- Restrict the application of dispute resolutions proceedings under the RTA to claims under a certain value ($35,000 or $65,000, depending on the claim) unless the applicant waives the right to recover any amount over those limits.
These changes will affect landlords, as well as purchasers of tenanted properties. If you are wondering how these legislative developments may impact you, contact the authors to connect with a member of our Vancouver real estate practice group.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.