Introduction to Landlord and Tenant Law (19:I): Difference between revisions

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{{REVIEWED LSLAP | date= August 15, 2024}}
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Generally speaking, the RTA does not cover tenancies that are made for a commercial purpose (i.e. Renting a space to open a store). These tenancies would be covered by the Commercial Tenancy Act, RSBC 1996, c 57. Commercial tenancy law is much more complex than residential tenancy law, and individuals who believe they may have a legal issue related to a commercial tenancy are strongly encouraged to seek legal advice relevant to their individual situation.
British Columbia’s Landlord-tenant law was written to protect the rights and identify the responsibilities of both landlords and tenants. The law serves to prevent and resolve disputes that may arise within a tenancy, in the clearest and lowest-conflict manner possible. This guide seeks to provide basic legal information, including about the rights and responsibilities of tenants and landlords, and about the processes available for resolving disputes between tenants and landlords.  


The primary source of landlord-tenant law in British Columbia is the ''Residential Tenancy Act'' [''RTA'']. The ''Manufactured Home Park Tenancy Act'', SBC 2002, c 77 [''MHPTA''] is a counterpart to the RTA that applies to owners of manufactured homes who rent the site on which their homes sit. As these statutes were enacted to provide tenants with protections beyond that which is offered by the common law, ambiguities in language must be interpreted in favour of tenants ([https://canlii.ca/t/1qnxb#par11 ''Berry and Kloet v. British Columbia (Residential Tenancy Act, Arbitrator)'', 2007 BCSC 257] at para 11).


=== '''1. Commercial or Residential Tenancy?''' ===
The ''RTA'' sets out the rights and obligations of landlords and tenants. Landlords and tenants enter into tenancy agreements that set out further rights and obligations. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities. It also includes a licence to occupy a rental unit.


The Residential Tenancy Branch (“RTB”) is the government body that adjudicates disputes covered under the ''RTA'' or the ''MHPTA''. It has published many Policy Guidelines that expand beyond the ''RTA'', and the ''Residential Tenancy Regulation'' [''RTR'']. They help create greater predictability and consistency when the RTB adjudicates tenancy disputes as well as summarize tenancy law in British Columbia. Although the Policy Guidelines are highly persuasive and are frequently followed by RTB arbitrators, they are not absolutely binding ([https://canlii.ca/t/k640z#par42 ''Shuster v. British Columbia (Residential Tenancy Branch)'', 2024 BCCA 282] at para 42).


If you are unsure as to whether your tenancy is commercial or residential, and so whether or not it falls within the Residential Tenancy Act, you should seek legal advice. For assistance in determining whether your tenancy is commercial or residential, it may be helpful to refer to Residential Tenancy Branch Policy Guideline no. 14: Type of Tenancy: Commercial or Residential.
This Chapter covers the rights and obligations of landlords and tenants that are under a tenancy agreement, as well as seeking dispute resolution at the Residential Tenancy Branch. As this Chapter primarily covers the ''RTA'', unless otherwise specified, any statement in this Chapter should be presumed to apply to the ''RTA'' and may or may not apply to the ''MHPTA''.


 
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=== '''2. Commercial Tenancy Resources''' ===
 
 
If you encounter an issue related to a commercial tenancy, resources that may be of assistance are listed in the “Resources” section at the end of this chapter.
in the “Resources” section at the beginning of this chapter.
 
 
 
{{REVIEWED LSLAP | date= July 29, 2019}}
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Latest revision as of 07:23, 30 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.



British Columbia’s Landlord-tenant law was written to protect the rights and identify the responsibilities of both landlords and tenants. The law serves to prevent and resolve disputes that may arise within a tenancy, in the clearest and lowest-conflict manner possible. This guide seeks to provide basic legal information, including about the rights and responsibilities of tenants and landlords, and about the processes available for resolving disputes between tenants and landlords.

The primary source of landlord-tenant law in British Columbia is the Residential Tenancy Act [RTA]. The Manufactured Home Park Tenancy Act, SBC 2002, c 77 [MHPTA] is a counterpart to the RTA that applies to owners of manufactured homes who rent the site on which their homes sit. As these statutes were enacted to provide tenants with protections beyond that which is offered by the common law, ambiguities in language must be interpreted in favour of tenants (Berry and Kloet v. British Columbia (Residential Tenancy Act, Arbitrator), 2007 BCSC 257 at para 11).

The RTA sets out the rights and obligations of landlords and tenants. Landlords and tenants enter into tenancy agreements that set out further rights and obligations. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities. It also includes a licence to occupy a rental unit.

The Residential Tenancy Branch (“RTB”) is the government body that adjudicates disputes covered under the RTA or the MHPTA. It has published many Policy Guidelines that expand beyond the RTA, and the Residential Tenancy Regulation [RTR]. They help create greater predictability and consistency when the RTB adjudicates tenancy disputes as well as summarize tenancy law in British Columbia. Although the Policy Guidelines are highly persuasive and are frequently followed by RTB arbitrators, they are not absolutely binding (Shuster v. British Columbia (Residential Tenancy Branch), 2024 BCCA 282 at para 42).

This Chapter covers the rights and obligations of landlords and tenants that are under a tenancy agreement, as well as seeking dispute resolution at the Residential Tenancy Branch. As this Chapter primarily covers the RTA, unless otherwise specified, any statement in this Chapter should be presumed to apply to the RTA and may or may not apply to the MHPTA.

© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.