Repair and Service of Tenant’s Residence (19:VII): Difference between revisions

Latest revision as of 08:08, 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.

A. Duty to Provide and Maintain Rental Unit in Repair

The division between the landlord’s and the tenant’s responsibilities in maintaining the rental unit are established in section 32 of the RTA. The specifics of these responsibilities are clarified in much greater detail in RTB’s Policy Guideline 1: Landlord & Tenant – Responsibility for Residential Premises.

Because tenancy agreements cannot contradict the terms of the RTA, they cannot purport to make one party responsible for repair allocated by the RTA to the other (RTB PG 1).

1. Landlord

A landlord must provide and maintain residential property in a state of decoration and repair that:

complies with the health, housing and safety standards required by law (RTA s 32(1)(a); and
having regard to the age, character, and location of the rental unit, makes it suitable for tenant occupation 32(1)(b).

As a result, the landlord is responsible for repairing:

the rental structure and roof;
heating, plumbing, and electricity;
locks, walls, floors, and ceilings;
fire doors and fire escapes;
insect control, such as bed bug treatment;
intercoms and elevators; and
anything else included in a tenant’s rent if so identified in the tenancy agreement.

If a landlord is required to make a repair to comply with the above obligations, the tenant should notify the landlord of the need for repair, preferably in writing. If the landlord refuses to make the repair, the tenant may seek a repair order by making a dispute resolution application at the RTB. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have to pay for the damage; for more information, see RTB PG 5: Duty to Minimize Loss.

When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete; this is based on the reduction in the value of a tenancy agreement as a result (RTA, s 65(1)(f)). A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the RTA (RTA, s 26(1)).

2. Tenant

Tenants must repair damage to the rental unit or common areas caused by their or their pet’s wilful or negligent acts or omissions, or those of a person permitted by them on the rental property (RTA, s 32(3)). The tenant does not have a duty to repair reasonable wear and tear (s 32(4)), which falls on the landlord.

Tenants must maintain “reasonable health, cleanliness and sanitary standards” in their rental unit (RTA, s 32(2)), which includes ordinary amounts of day-to-day cleaning. This includes notifying the landlord of any suspected pest infestation. Upon discovery of a pest infestation, the tenant is obligated to cooperate with the landlord in treating the infestation. If tenants do not cooperate within a reasonable time, they could be found liable for the cost of treatment or be evicted. The landlord is obligated to get rid of the infestation unless it can be proven the tenant brought the pests with them when they moved in.

If a landlord refuses to have the suite or building treated, the tenant can apply to the RTB for an order compelling the landlord to do so, or get an order from a city inspector. Vancouver Coastal Health no longer does inspections, but is available to answer questions over the phone at 604-675-3800.

B. No Withholding Rent

A tenant cannot withhold rent because of repairs needed unless an Arbitrator gives an order permitting it, or the repairs qualify as emergency repairs and the tenant has complied with all necessary procedures concerning emergency repairs. A tenant must pay their rent in full and on time, regardless of whether the tenant believes the landlord has fulfilled their obligations, unless they have a right under the RTA to deduct from their rent (RTA, s 26(1)).

C. Emergency Repairs

A tenant is allowed to make certain emergency repairs by themselves without the need for going to the RTB for dispute resolution; the landlord must then reimburse the tenant, or the tenant may deduct their cost from the rent.

Tenants must exercise high caution when proceeding with emergency repairs. Improperly deducting from their rent without exact compliance with the provisions of section 33 of the RTA can result in the tenant being evicted for non-payment of rent.

1. Definition of Emergency Repair

Emergency repairs must be urgent (RTA, s 33(1)(a)). They must be necessary for the health or safety of someone, or for the preservation or use of the residential property (RTA, s 33(1)(b)).

Furthermore, an emergency repair must only be for the purpose of repairing one or more of the following (RTA, s 33(1)(c)):

major leaks in the pipes or roof;
damaged or blocked water or sewer pipes or plumbing fixtures;
the primary heating system;
damaged or defective locks that give access to a rental unit; or
the electrical systems.

2. Procedure for Conducting an Emergency Repair

A tenant may conduct emergency repairs without going to dispute resolution if all of the following conditions are true:

emergency repairs are in fact needed (RTA, s 33(3)(a));
the tenant has made at least two attempts to telephone the contact number designated by the landlord for emergency repairs, which may be posted in a conspicuous place on the rental property or communicated to the tenant in writing (RTA, s 33(3)(b));
the tenant has given the landlord reasonable time to make the repairs (RTA, s 33(3)(c)).

The landlord must reimburse the tenant if they claim reimbursement and provide the landlord with a written account of the amounts incurred, accompanied by a receipt for each amount (RTA, s 33(5)). However, the following is exempt:

repairs made before all of the above three conditions were met (RTA, s 33(6)(a));
amounts for which the tenant has not provided a written account or receipts (RTA, s 33(6)(b));
amounts that are more than a reasonable cost for the repairs (RTA, s 33(6)(c)); and
amounts for emergency repairs caused primarily by the actions or neglect of the tenant or a person permitted on the residential property by the tenant (RTA, s 33(6)(d)).

If the landlord does not make required reimbursements to the tenant, the tenant may deduct the amount from their rent or otherwise recover the amount (RTA, s 33(7)). A tenant must take care that the amounts they deduct from rent truly qualify as amounts for emergency repairs, or else they risk being evicted for non-payment of rent.

3. Tenants Should Exercise Extreme Caution

Tenants should exercise high caution when proceeding with emergency repairs. If they do not exactly comply with the requirements for undertaking emergency repairs, their rent deduction could be legally construed as a failure to pay rent that justifies the landlord serving them with a 10-day notice to end tenancy for non-payment of rent, or otherwise claim against the tenant. All steps taken should be documented fully.

There is sometimes a discrepancy between what a tenant, landlord, and RTB might consider “emergency” repairs. Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.

Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, a tenant should first apply to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.

D. Municipal Bylaws

Another way to seek repairs can be through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.

Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.

There is a risk attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants. For example, the City Inspector may do this if they discover that the rental unit is an illegal suite under their municipality’s bylaws, which is an outcome that the RTB alone cannot undertake.

E. Terminating or Restricting Services or Facilities

A service or facility, as defined in s 1 of the RTA, applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:

appliances and furnishings;
utilities and related services;
cleaning and maintenance services;
parking spaces and related facilities;
cablevision facilities;
laundry facilities;
storage facilities;
elevators;
common recreational facilities;
intercom systems;
garbage facilities and related services;
heating facilities or services; and
housekeeping services.

A landlord must not terminate or restrict a service or facility if it is essential to the tenant’s use of the rental unit as living accommodation, or providing the service or facility is a material term of the tenancy agreement (RTA, s 27(1)). A landlord may terminate or restrict other services or facilities if they do the following:

give 30 days’ written notice, in the approved form, of the termination or restriction (RTA, s 27(2)(a)); and
reduce the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility (RTA, s 27(2)(b)).

The tenant may dispute the restriction or termination on the basis that the service being restricted or terminated constitutes an essential service or is a material term of the tenancy agreement.

For more information, see RTB PG 22: Termination or Restriction of a Service or Facility.

@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= July 1, 2022}}
+{{REVIEWED LSLAP | date= August 15, 2024}}
 {{LSLAP Manual TOC|expanded = landlord}}
+== A. Duty to Provide and Maintain Rental Unit in Repair ==
+The division between the landlord’s and the tenant’s responsibilities in maintaining the rental unit are established in section 32 of the ''RTA''. The specifics of these responsibilities are clarified in much greater detail in RTB’s Policy Guideline 1: Landlord & Tenant – Responsibility for Residential Premises.
-== '''A.	Duty to Provide and Maintain Rental Unit in Repair''' ==
+Because tenancy agreements cannot contradict the terms of the ''RTA'', they cannot purport to make one party responsible for repair allocated by the ''RTA'' to the other (RTB PG 1).
-=== 1.	 Landlord ===
+=== 1. Landlord ===
-Sections 32(1)(a) and (b) of the ''RTA'' provide that a landlord must provide and maintain residential property in a state of decoration and repair that complies with the health, housing and safety standards required by law, and having regard to the age, character and location of the rental unit. It must be suitable for tenant occupation. With respect to a landlord’s obligation to repair, the RTR Schedule states that the landlord must provide and maintain the residential property in a reasonable state of decoration and repair, suitable for occupation by a tenant.
+A landlord must provide and maintain residential property in a state of decoration and repair that:
+*complies with the health, housing and safety standards required by law (''RTA'' s 32(1)(a); and
+*having regard to the age, character, and location of the rental unit, makes it suitable for tenant occupation 32(1)(b).
-A landlord is responsible for repairing:
+As a result, the landlord is responsible for repairing:
+*the rental structure and roof;
-* the rental structure, and roof;
+*heating, plumbing, and electricity;
-* heating, plumbing, electricity;
+*locks, walls, floors, and ceilings;
-* locks, walls, floors, ceilings;
+*fire doors and fire escapes;
-* fire doors, and fire escapes;
+*insect control, such as bed bug treatment;
-* intercoms, elevators; and
+*intercoms and elevators; and
-* anything else included in a tenant’s rent if identified in the tenancy agreement.
+*anything else included in a tenant’s rent if so identified in the tenancy agreement.
-If a landlord is required to make a repair to comply with the above obligations, the tenant should be advised to notify the landlord of the need for repair (preferably in writing). If the landlord refuses to make the repair, the tenant may seek an Arbitrator’s order. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have breached their duty.
+If a landlord is required to make a repair to comply with the above obligations, the tenant should notify the landlord of the need for repair, preferably in writing. If the landlord refuses to make the repair, the tenant may seek a repair order by making a dispute resolution application at the RTB. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have to pay for the damage; for more information, see RTB PG 5: Duty to Minimize Loss.
-When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete. The ''RTA'' states that a tenant must pay their rent in full and on time, regardless of whether the tenant believes the landlord has fulfilled their obligations.  A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (such as where a tenant has previously overpaid rent) or if an RTB Arbitrator orders that they may do so.
+When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete; this is based on the reduction in the value of a tenancy agreement as a result (''RTA'', s 65(1)(f)). A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (''RTA'', s 26(1)).
-In the case of an infestation of bedbugs or other pests, under s 32(1) of the ''RTA'', landlords must maintain the property in a state of repair that complies with health standards and is suitable for human occupation. Some municipalities, such as Vancouver, have Standards of Maintenance bylaws that require landlords to get rid of pest infestations. If a landlord is refusing to treat the infestation, a tenant can call their municipality for an inspection and for an order that the building is treated. Each municipality’s bylaws will vary, so it is best to call city hall.
+=== 2. Tenant ===
-Landlords are obligated to bear the cost for treatment of an infestation, provided the tenant cooperates with treatment (see Tenant Obligations below). In Vancouver, the Health Bylaw mandates that only a trained and certified person can spray pesticides in a multiple-unit dwelling. The landlord should not, and legally cannot, do it themselves. There are also other requirements in the Health Bylaw, such as notification in writing 72 hours prior to spraying. The pesticide technician should also adhere to the label on the pesticide bottles.
+Tenants must repair damage to the rental unit or common areas caused by their or their pet’s wilful or negligent acts or omissions, or those of a person permitted by them on the rental property (''RTA'', s 32(3)). The tenant does not have a duty to repair reasonable wear and tear (s 32(4)), which falls on the landlord.
-=== 2.	 Tenant ===
+Tenants must maintain “reasonable health, cleanliness and sanitary standards” in their rental unit (''RTA'', s 32(2)), which includes ordinary amounts of day-to-day cleaning. This includes notifying the landlord of any suspected pest infestation. Upon discovery of a pest infestation, the tenant is obligated to cooperate with the landlord in treating the infestation. If tenants do not cooperate within a reasonable time, they could be found liable for the cost of treatment or be evicted. The landlord is obligated to get rid of the infestation unless it can be proven the tenant brought the pests with them when they moved in.
-Tenants must maintain “ordinary health, cleanliness and sanitary standards” in their rental unit. Tenants must also repair damage caused to the rental unit and property (this includes common areas) by their or their pet’s willful or negligent acts or omissions, or those of a person permitted by them on the rental unit or property (RTA, s 32(3)). '''There is no duty to repair reasonable wear and tear''' (s 32(4)).
+If a landlord refuses to have the suite or building treated, the tenant can apply to the RTB for an order compelling the landlord to do so, or get an order from a city inspector. Vancouver Coastal Health no longer does inspections, but is available to answer questions over the phone at 604-675-3800.
-Tenants are also obligated to maintain the property in a sanitary condition. This includes notifying the landlord of any suspected pest infestation. Upon discovery of a pest infestation, the tenant is obligated to cooperate with the landlord in treating the infestation. If tenants do not cooperate, they could be found liable for the cost of treatment or be evicted.  The landlord is obligated to get rid of the infestation unless it can be proven the tenant brought the pests with them when they moved in.
+== B. No Withholding Rent ==
-If a landlord refuses to have the suite or building treated, the tenant can apply to the RTB for an order compelling the landlord to do so, or as noted above can get an order from a city inspector. Vancouver Coastal Health no longer does inspections but is available to answer questions over the phone at 604-675-3800.
+A tenant cannot withhold rent because of repairs needed unless an Arbitrator gives an order permitting it, or the repairs qualify as emergency repairs and the tenant has complied with all necessary procedures concerning emergency repairs. A tenant must pay their rent in full and on time, regardless of whether the tenant believes the landlord has fulfilled their obligations, unless they have a right under the ''RTA'' to deduct from their rent (''RTA'', s 26(1)).
-== '''B. Withholding Rent''' ==
+== C. Emergency Repairs ==
-A tenant '''cannot''' withhold rent because of repairs needed unless an Arbitrator gives an order permitting it. Another way to seek repairs can be through the local municipality’s Standards of Maintenance bylaw however this is only the case in some municipalities, for example, Vancouver, the City of North Vancouver, and New Westminster. Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector), health problem (e.g. mould or pests), or fire problem (e.g. fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.
+A tenant is allowed to make certain emergency repairs by themselves without the need for going to the RTB for dispute resolution; the landlord must then reimburse the tenant, or the tenant may deduct their cost from the rent.
-:'''NOTE:''' There is a '''risk''' attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants.
+Tenants must exercise high caution when proceeding with emergency repairs. Improperly deducting from their rent without exact compliance with the provisions of section 33 of the ''RTA'' can result in the tenant being evicted for non-payment of rent.
-== '''C. Emergency Repairs''' ==
+=== 1. Definition of Emergency Repair ===
-Before advising any tenant on this course of action, an advocate should be aware that this is a rather complicated area. To qualify, the repairs must fall into the categories below and must be urgent and necessary for the health and safety of persons or the preservation and use of the property and rental units. Pursuant to s 33, a tenant may conduct emergency repairs without going to dispute resolution if the landlord fails to make repairs within a reasonable time after a tenant has made a reasonable effort on two or more occasions to contact the landlord. Sometimes there is a discrepancy between what a tenant, landlord, and RTB might consider ‘emergency’ repairs. '''Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.''' The specific types of repairs that may qualify as emergency repairs are urgent, necessary for the health, safety or preservation of property AND concern:
+Emergency repairs must be urgent (''RTA'', s 33(1)(a)). They must be necessary for the health or safety of someone, or for the preservation or use of the residential property (''RTA'', s 33(1)(b)).
-* major leaks in the pipes or roof;
+Furthermore, an emergency repair must only be for the purpose of repairing one or more of the following (''RTA'', s 33(1)(c)):
-* damaged or blocked water or sewer pipes or plumbing fixtures;
+*major leaks in the pipes or roof;
-* malfunction of the central or primary heating system;
+*damaged or blocked water or sewer pipes or plumbing fixtures;
-* defective locks that give access to the residential premises;
+*the primary heating system;
-* electrical system repair.
+*damaged or defective locks that give access to a rental unit; or
+*the electrical systems.
-Emergency repair is a complicated area. Tenants must follow the exact procedure under s 33(3) of the ''RTA'' or the landlord can make a claim against the tenant. All steps taken should be documented fully. Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, apply first to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.
+=== 2. Procedure for Conducting an Emergency Repair ===
-== '''D. Terminating or Restricting Services or Facilities''' ==
+A tenant may conduct emergency repairs without going to dispute resolution if all of the following conditions are true:
+*emergency repairs are in fact needed (''RTA'', s 33(3)(a));
+*the tenant has made at least two attempts to telephone the contact number designated by the landlord for emergency repairs, which may be posted in a conspicuous place on the rental property or communicated to the tenant in writing (''RTA'', s 33(3)(b));
+*the tenant has given the landlord reasonable time to make the repairs (''RTA'', s 33(3)(c)).
-A service or facility, as defined in s 1 of the ''RTA'', includes: furniture, appliances and furnishings; parking and related facilities; cable television facilities; utilities and related services; cleaning or maintenance services; maid services; laundry facilities; storage facilities; elevator facilities; common recreational facilities; intercom systems; garbage facilities and related services; and heating facilities or services.
+The landlord must reimburse the tenant if they claim reimbursement and provide the landlord with a written account of the amounts incurred, accompanied by a receipt for each amount (''RTA'', s 33(5)). However, the following is exempt:
+*repairs made before all of the above three conditions were met (''RTA'', s 33(6)(a));
+*amounts for which the tenant has not provided a written account or receipts (''RTA'', s 33(6)(b));
+*amounts that are more than a reasonable cost for the repairs (''RTA'', s 33(6)(c)); and
+*amounts for emergency repairs caused primarily by the actions or neglect of the tenant or a person permitted on the residential property by the tenant (''RTA'', s 33(6)(d)).
-Sections 27(1)(a) and (b) of the ''RTA'' provides that a landlord must not terminate or restrict a service or facility if it is essential to the tenant’s use of the rental unit as living accommodation, or providing the service or facility is a material term of the tenancy agreement.
+If the landlord does not make required reimbursements to the tenant, the tenant may deduct the amount from their rent or otherwise recover the amount (''RTA'', s 33(7)). A tenant must take care that the amounts they deduct from rent truly qualify as amounts for emergency repairs, or else they risk being evicted for non-payment of rent.
-Section 27(2) of the ''RTA'' provides that a landlord may terminate or restrict a service or facility other than one referred to in ss 27(1)(a) or (b) if the landlord gives 30 days written notice, in the approved form, of the termination or restriction, and reduces the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility. The tenant may dispute the restriction or termination on the basis that the service being restricted or terminated constitutes an essential service.
+=== 3. Tenants Should Exercise Extreme Caution ===
-See '''RTB Policy Guideline 22: Termination or Restriction of a Service or Facility'''.
+Tenants should exercise high caution when proceeding with emergency repairs. If they do not exactly comply with the requirements for undertaking emergency repairs, their rent deduction could be legally construed as a failure to pay rent that justifies the landlord serving them with a 10-day notice to end tenancy for non-payment of rent, or otherwise claim against the tenant. All steps taken should be documented fully.
-{{LSLAP Manual Navbox|type=chapters15-22}}
+There is sometimes a discrepancy between what a tenant, landlord, and RTB might consider “emergency” repairs. Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.
+Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, a tenant should first apply to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.
+== D. Municipal Bylaws ==
+Another way to seek repairs can be through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.
+Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.
+There is a risk attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants. For example, the City Inspector may do this if they discover that the rental unit is an illegal suite under their municipality’s bylaws, which is an outcome that the RTB alone cannot undertake.
+== E. Terminating or Restricting Services or Facilities ==
+A service or facility, as defined in s 1 of the ''RTA'', applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:
+*appliances and furnishings;
+*utilities and related services;
+*cleaning and maintenance services;
+*parking spaces and related facilities;
+*cablevision facilities;
+*laundry facilities;
+*storage facilities;
+*elevators;
+*common recreational facilities;
+*intercom systems;
+*garbage facilities and related services;
+*heating facilities or services; and
+*housekeeping services.
+A landlord must not terminate or restrict a service or facility if it is essential to the tenant’s use of the rental unit as living accommodation, or providing the service or facility is a material term of the tenancy agreement (''RTA'', s 27(1)). A landlord may terminate or restrict other services or facilities if they do the following:
+*give 30 days’ written notice, in the approved form, of the termination or restriction (''RTA'', s 27(2)(a)); and
+*reduce the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility (''RTA'', s 27(2)(b)).
+The tenant may dispute the restriction or termination on the basis that the service being restricted or terminated constitutes an essential service or is a material term of the tenancy agreement.
+For more information, see RTB PG 22: Termination or Restriction of a Service or Facility.
+{{LSLAP Manual Navbox|type=chapters15-23}}