Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"

Generally, sub-tenants have many of the same rights against the tenant they rent from as do tenants against the original landlord, with the exception that they cannot themselves dispute the actions of the “main” landlord, as this can only be done by the original tenant. This only applies, however, if a sub-let is actually created. As of July 2016, the Residential Tenancy Branch has updated their policy guideline on Assignment and Sublet, in order to clarify the legal treatment of sub-lets. These guidelines provide that, where an individual takes on a roommate, and that roommate does not either hold a sublet approved by the landlord, or is subletting a clearly defined, separate portion of the property, that roommate will not be considered a sub-tenant. As a result, individuals moving in as roommates are advised to ensure either that they are named on a written lease as a co-tenant or tenant in common, or that they are sub-letting with the consent of the landlord.