Tenancy and Manufactured Homes (19:XVI) - Revision history

LSLAP at 19:38, 13 October 2025

2025-10-13T19:38:19Z

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	{{REVIEWED LSLAP \| date= ~~13 August~~ 2025}}		{{REVIEWED LSLAP \| date= 25 June 2025}}
	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

LSLAP: /* 4. Landlord’s Notice: Cause */

2025-09-22T11:15:10Z

4. Landlord’s Notice: Cause

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	Refer to s 40(1) of the ''MHPTA''; it is similar to the ''RT''A s 46 (Landlord’s Notice: Cause) and lists the same grounds under which a landlord can issue a notice to end tenancy under this section.		Refer to s 40(1) of the ''MHPTA''; it is similar to the ''RT''A s 46 (Landlord’s Notice: Cause) and lists the same grounds under which a landlord can issue a notice to end tenancy under this section.

	:'''NOTE:''' Notice to end tenancy must take effect on a date that is:		:'''NOTE:''' Notice to end tenancy must take effect on a date that is: not earlier than one month after the date the notice is received, and the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

	*not earlier than one month after the date the notice is received, and
	*the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

	=== '''5. Disputing Notice''' ===		=== '''5. Disputing Notice''' ===

Nate Russell: review confirmed 2025

2025-08-29T01:47:00Z

review confirmed 2025

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	{{REVIEWED LSLAP \| date= August ~~15, 2024~~}}		{{REVIEWED LSLAP \| date= 13 August 2025}}
	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

LSLAP: /* I. Dispute Resolution */

2025-08-13T00:36:34Z

I. Dispute Resolution

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	== '''I. Dispute Resolution''' ==		== '''I. Dispute Resolution''' ==

	Disputes between landlords and tenants may be resolved by applying to dispute resolution at the ~~Residential Tenancy Branch~~ in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution:		Disputes between landlords and tenants may be resolved by applying to dispute resolution at the RTB in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution:

	* rights and prohibitions under the ''MHPTA'';		* rights and prohibitions under the ''MHPTA'';

LSLAP: /* 3. Landlord’s Use */

2025-08-13T00:36:03Z

3. Landlord’s Use

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	*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.		*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

	Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date.		Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless of if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date.

	A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance with ''MHPTA'' s 43.		A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance with ''MHPTA'' s 43.

LSLAP: /* 2. Failure to Pay Rent */

2025-08-13T00:35:29Z

2. Failure to Pay Rent

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	A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving a notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (''MHPTA'', s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the ''MHPTA'' to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.		A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving a notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (''MHPTA'', s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the ''MHPTA'' to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.

	However, if the tenant does not dispute the notice and does not pay the amount owed the landlord can go to the ~~Residential Tenancy Branch~~ and apply for an Order of Possession without a hearing.		However, if the tenant does not dispute the notice and does not pay the amount owed, the landlord can go to the RTB and apply for an Order of Possession without a hearing.

	:'''NOTE:''' After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy.		:'''NOTE:''' After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy.

LSLAP: /* c) Material Term Breach */

2025-08-13T00:35:08Z

c) Material Term Breach

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	If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord a notice to end the tenancy effective on a date that is after the date the landlord receives the notice.		If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord a notice to end the tenancy effective on a date that is after the date the landlord receives the notice.

	:'''NOTE:''' Unlike the RTA, the MHTPA does not contain provisions allowing tenants to break a lease when ~~feeling~~ family violence or moving into long-term care.		:'''NOTE:''' Unlike the RTA, the MHTPA does not contain provisions allowing tenants to break a lease when fleeing family violence or moving into long-term care.

	=== '''2. Failure to Pay Rent''' ===		=== '''2. Failure to Pay Rent''' ===

LSLAP: /* a) Amount */

2025-08-13T00:34:17Z

a) Amount

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	==== '''a) Amount''' ====		==== '''a) Amount''' ====

	Usually, landlords can increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus the proportionate increase in local government levies and regulated utilities (''MHPTA'', s 36(1)(a) and see ''MHPTR'' Part 5). ~~However, the~~ maximum allowable annual rent increase for ~~rent increases~~ with ~~an effective date in 2024~~ is ~~only~~ 3.5% ~~plus the proportional amount, not the “inflation rate~~.” A landlord may apply to an Arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations.		Usually, landlords can increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus the proportionate increase in local government levies and regulated utilities (''MHPTA'', s 36(1)(a) and see ''MHPTR'' Part 5). The maximum allowable annual rent increase for 2025 is set at 3%, in line with inflation, and is a decrease from the 3.5% permitted in 2024. A landlord may apply to an Arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations.

	:'''NOTE:''' A landlord may apply under s 36 of the ''MHPTA'' for an additional rent increase above the rent increase formula but can only do so under certain circumstances: see ''MHPTR'', s 33(1) for a list of requirements for when the landlord is allowed to do so.		:'''NOTE:''' A landlord may apply under s 36 of the ''MHPTA'' for an additional rent increase above the rent increase formula but can only do so under certain circumstances: see ''MHPTR'', s 33(1) for a list of requirements for when the landlord is allowed to do so.

LSLAP: /* a) Prohibited Fees (MHPTA, s 89(2)(k); MHPTR, s 3) */

2025-08-13T00:32:30Z

a) Prohibited Fees (MHPTA, s 89(2)(k); MHPTR, s 3)

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	A landlord must not charge:		A landlord must not charge:
	* a guest fee, regardless if the guest stays overnight; or		* a guest fee, regardless of if the guest stays overnight; or
	* a fee for replacement keys or other access devices if the replacement is required because the landlord changed the locks or other means of access.		* a fee for replacement keys or other access devices if the replacement is required because the landlord changed the locks or other means of access.

LSLAP: /* A. General */

2025-08-13T00:31:16Z

A. General

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	== '''A. General''' ==		== '''A. General''' ==

	The ''Manufactured Home Park Tenancy Act, (MHPTA)'' applies to owners of manufactured home parks and owners of manufactured homes who rent the sites on which their homes sit. The ''MHPTA'' only applies if a tenant ~~only~~ rents the site or “pad” that their manufactured home sits on. If the tenant rents both the pad and the home itself from an owner, then they are covered by the ''RTA'', not the ''MHPTA''.		The ''Manufactured Home Park Tenancy Act, (MHPTA)'' applies to owners of manufactured home parks and owners of manufactured homes who rent the sites on which their homes sit. The ''MHPTA'' only applies if a tenant rents the site or “pad” that their manufactured home sits on. If the tenant rents both the pad and the home itself from an owner, then they are covered by the ''RTA'', not the ''MHPTA''.

	A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the ''Manufactured Home Park Tenancy Regulations''.		A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the ''Manufactured Home Park Tenancy Regulations''.