Rent Increase in Residential Tenancies (19:VIII): Difference between revisions

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LSLAP Manual
This page is from the Law Students' Legal Advice Program Manual. See the full contents.
LSLAP Manual
Introduction
Chapters
1. Criminal Law · I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary
2. Youth Justice · I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice Act · Appendix A: Glossary
3. Family Law · I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary
4. Victims · I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Abuse of the Seniors & Disabled · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP & Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up
5. Public Complaints · I. Introduction · II. Governing Legislation & Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Police Conduct Complaints · VI. Security Guard Conduct Complaints · VII. The Right to Vote · VIII. Complaints & Appeals UBC · IX. Complaints & Appeals SFU · X. Complaints against Other Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · XIII. Complaints against other Professionals · XIV. LSLAP Program Information · Appendix A: Glossary · Appendix B: Sample Notice Letter
6. Human Rights · I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings
7. Workers' Compensation · I. Introduction · II. Legislation, Policy & Guidelines · III. Introduction to Worker Compensation Claims · IV. LSLAP's Role at Initial Decision · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations · XIV. Assessments of Employers · XV. WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Small Claims Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
8. Employment Insurance · I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist
9. Employment Law · I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary
10. Creditors and Debtors · I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist
11. Consumer Protection · I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts & Security Agreements · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Checklist for Consumer Transactions
12. Auto Insurance (ICBC) I. Introduction · II. Governing Legislation & Resources · III. Enhanced Care System · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. ICBC's Previous Autoplan Insurance System · IX. Limitation on Experts · X. Compulsory Coverage
13. Motor Vehicle Law · I. Introduction · II. Governing Legislation & Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Driving Offences · VII. Vehicle Impoundment · VIII. Superintendent of Motor Vehicle Prohibitions · IX. Alcohol & Drug Driving Offences · X. Federal Driving Offences · XI. Provincial Driving While Prohibited Offences · XII. ICBC Breaches · XIII. Bicycles & Motor Assisted Cycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines
14. Mental Health Law · I. Introduction · II. Governing Legislation & Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted Patients · VIII. Mental Health Act and Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP Program Information
15. Adult Guardianship · I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree on Adult Abuse and Neglect
16. Wills and Estate Administration · I. Introduction · II. Governing Legislation & Resources · III. Making and Executing a Will · IV. Will Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. Estate Administration · XI. Duties of Personal Representative · XII. Tax: RRSP & RRIF & TFSA · XIII. LSLAP Program Information · Appendix A: Will Instructions Questionnaire · Appendix B: Will Drafting and Execution Checklist · Appendix C: Glossary
17. Citizenship · I. Introduction · II. Governing Legislation & Resources · III. Who is a Canadian Citizen? · IV. Citizenship Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation of Citizenship · VIII. Proof of Citizenship · IX. Search of Citizenship Record · X. Referrals
18. Immigration Law · I. Introduction · II. Governing Legislation & Resources · III. Immigration Players · IV. Categories of Persons under IRPA · V. Applying for Permanent Residency · VI. Identification for PR · VII. Immigration and Refugee Board · VIII. Loss of PR Status · IX. In-Canada Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Immigration Issues at Sentencing · XIV. Contacts
19. Landlord and Tenant Law · I. Introduction · II. Governing Legislation · III. Residential Tenancy Act & Laws · IV. Tenancy Agreements · V. Moving In & Moving Out · VI. Security Deposits · VII. Repair & Service · VIII. Rent Increase · IX. Tenant's Rights · X. Subletting & Assignment · XI. Termination & Eviction · XII. Dispute Resolution · XIII. Common Law · XIV. Strata & Condos · XV. Assisted Living · XVI. Manufactured Homes · XVII. Guidelines & Resources
20. Small Claims and the CRT · I. Introduction · II. Governing Legislation & Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial & Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal
21. Welfare Law · I. Introduction · II. Governing Legislation & Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments & Fraud · VIII. Rates & Payment Issues · IX. Additional Allowances & Benefits · X. Health Supplements · XI. Appeals
22. Strata Law · I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property & Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws & Rules · XI. Rentals & Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair & Maintenance · XV. Dispute Resolution · XVI. Recourse to the Courts
23. Referrals · I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others
v • d • e

A. Rent Increases and Notice

Landlords can raise rents by a set amount each year and can apply for rent increases above that amount (RTA, s 43(1)). A tenant may also agree to pay a greater increase than the percentage permitted; this agreement must be in writing. If the tenant does not agree then the landlord is required to go through the dispute resolution process. The percentage for allowable rent increases is the inflation rate (Consumer Price Index, or “CPI”) plus 2 percent. The maximum allowable increase changes each January 1st; for 2015 the rate is 2.5%. Check the webpage titled Rent Increases (http://bit.ly/1cWKrDB) on the RTB website to find the maximum rent increase allowed for the succeeding year. The increase can occur every 12 months of the tenancy with the time period running from the date of the last rent increase for that tenant or the date the rental agreement was entered into (s 42(1)). A tenant may not apply for dispute resolution to dispute a rent increase that complies with s 43(1) (permitted increase or an Arbitrator ordered increase). If a landlord collects a rent increase that does not comply with the RTA, the tenant may deduct the entire increase from the rent. The tenant should communicate the reason for the deduction to the landlord before taking this form of action.

The landlord must give written notice of a rent increase at least three full months before the increase becomes effective (s 42(2)). If the notice of rent increase is not in writing in the approved form, it is invalid and of no effect. If the landlord gives notice of less than three months, or if the increase is to take effect less than 12 months from when the tenant moved in, or from when the tenant’s rent was last increased, the landlord does not have to issue a new notice. The original notice will self-correct and will take effect on the earliest lawful date, provided it is otherwise correct. The tenant should notify the landlord about any self-correcting dates.

A landlord may apply under s 43(3) of the RTA (additional rent increase) if one or more of the following conditions are met:

after the rent increase under s 22 of the RTR, the rent is significantly lower compared to similar units in the same geographical area;

the landlord has completed significant repairs or renovations that could not have been reasonably foreseen and will not recur within a reasonable period (s 23(1)(b) of the RTR);

the landlord has incurred a financial loss from an extraordinary increase in the operating expenses of the residential property; or

the landlord, as a tenant, has received an additional rent increase under this section for the same rental unit.

The rent increase formula for Manufactured Home Parks is 2% plus inflation plus the proportionate amount of the increases to regulated utilities and local government levies.

B. Hidden Rent Increases

The tenant can apply to an Arbitrator under s 27 of the RTA, if the landlord starts to charge the tenant for a service or facility previously included in the rent (e.g. for cable television or laundry that was previously free), or takes away a service or facility previously enjoyed by a tenant (e.g. stops providing cable television or laundry that was previously included in the rent, without decreasing the rent proportionately).

If the Arbitrator considers that the failure or reduction has resulted in a substantial reduction of the use and enjoyment of residential premises or of the service or facility, the Arbitrator can provide relief (e.g. allowing the tenant to pay less rent, or ordering the service or facility restored). See also RTB Policy Guideline 22: Termination or Restriction of a Service or Facility.

LSLAP Manual

Introduction

Acknowledgements

Chapters 1-7
Criminal Law · Youth Justice · Family Law · Victims · Public Complaints · Human Rights · Workers Compensation

Chapter One: Criminal Law	I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary

Chapter Two: Youth Justice	I. Introduction · II. Governing Legislation and Resources · III. Criminal Offences: Youth Criminal Justice Act · IV. Provincial Offences: Youth Justice Act · Appendix A: Glossary

Chapter Three: Family Law	I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary

Chapter Four: Victims	I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Abuse and Neglect of Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. Trauma Informed Practice and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up

Chapter Five: Public Complaints	I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints Concerning Police Conduct · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints and Appeals UBC · IX. Complaints and Appeals SFU · X. Complaints Against Other Colleges and Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · XIII. Complaints against other Professionals · XIV. LSLAP Program Information · Appendix A: Glossary · Appendix B: Sample Notice Letter

Chapter Six: Human Rights	I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role in Human Rights Proceedings · VIII. Alternative Processes for Indigenous Complainants · IX. Online Mediations & Hearings

Chapter Seven: Workers' Compensation	I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Small Claims Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form

Chapters 8-14
Employment Insurance · Employment Law · Creditors and Debtors · Consumer Protection · Auto Insurance (ICBC) · Motor Vehicle Law · Mental Health Law

Chapter Eight: Employment Insurance	I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist

Chapter Nine: Employment Law	I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary

Chapter Ten: Creditors' Remedies and Debtors' Assistance	I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist

Chapter Eleven: Consumer Protection	I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts and Security Agreements · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Checklist for Consumer Transactions

Chapter Twelve: Auto Insurance (ICBC)	I. Introduction · II. Governing Legislation and Resources · III. ICBC Enhanced Care System (Current Model) · IV. ICBC Enhanced Care System and Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. ICBC's Autoplan Insurance System (Prior System) · IX. Limitation on Experts · X. Basic Compulsory Autoplan Coverage

Chapter Thirteen: Motor Vehicle Law	I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Driving Offences · VII. Vehicle Impoundment · VIII. Superintendent of Motor Vehicle Prohibitions · IX. Alcohol and Drug Driving Offences · X. Federal Driving Offences · XI. Provincial Offence of Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles and Motor Assisted Cycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines

Chapter Fourteen: Mental Health Law	I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted Patients · VIII. Mental Health Act and Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP Program Information

Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates · Citizenship · Immigration · Landlord and Tenant Rights · Small Claims · Welfare Law · Strata Law · Referrals

Chapter Fifteen: Adult Guardianship and Substitute Decision-Making	I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree on Adult Abuse and Neglect

Chapter Sixteen: Wills and Estate Administration	I. Introduction · II. Governing Legislation and Resources · III. Making and Executing a Will · IV. Will Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. Estate Administration · XI. Duties of a Personal Representative · XII. Taxation: RRSP & RRIF & TFSA · XIII. LSLAP Program Information · Appendix A: Will Instructions Questionnaire · Appendix B: Will Drafting and Execution Checklist · Appendix C: Glossary

Chapter Seventeen: Citizenship	I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities of Citizenship · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation of Citizenship · VIII. Proof of Citizenship · IX. Search of Citizenship Record · X. Referrals

Chapter Eighteen: Immigration Law	I. Introduction · II. Governing Legislation and Resources · III. Immigration Players · IV. Categories of Persons under IRPA · V. Applying for Permanent Residency · VI. Identification for PR · VII. Immigration and Refugee Board · VIII. Loss of PR Status · IX. In-Canada Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Immigration Issues at Sentencing · XIV. Contacts

Chapter Nineteen: Landlord and Tenant Law	I. Introduction · II. Governing Legislation · III. Residential Tenancy Act & Laws · IV. Tenancy Agreements · V. Moving In & Moving Out · VI. Security Deposits · VII. Repair & Service · VIII. Rent Increase · IX. Tenant's Rights · X. Subletting & Assignment · XI. Termination & Eviction · XII. Dispute Resolution · XIII. Common Law · XIV. Strata & Condos · XV. Assisted Living · XVI. Manufactured Homes · XVII. Guidelines & Resources

Chapter Twenty: Small Claims and the CRT	I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal

Chapter Twenty One: Welfare Law	I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Allowances and Benefits · X. Health Supplements · XI. Appeals

Chapter Twenty Two: Strata Law	I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintenance · XV. Dispute Resolution · XVI. Recourse to the Courts

Chapter Twenty Three: Referrals	I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others

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@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = landlord}}
-CHAPTER 7 REPAIR AND SERVICE
+=A. Rent Increases and Notice=
+Landlords can raise rents by a set amount each year and can apply for rent increases above that amount (RTA, s 43(1)). A tenant may also agree to pay a greater increase than the percentage permitted; this agreement must be in writing. If the tenant does not agree then the landlord is required to go through the dispute resolution process. The percentage for allowable rent increases is the inflation rate (Consumer Price Index, or “CPI”) plus 2 percent. The maximum allowable increase changes each January 1st; for 2015 the rate is 2.5%. Check the webpage titled Rent Increases (http://bit.ly/1cWKrDB) on the RTB website to find the maximum rent increase allowed for the succeeding year. The increase can occur every 12 months of the tenancy with the time period running from the date of the last rent increase for that tenant or the date the rental agreement was entered into (s 42(1)). A tenant may not apply for dispute resolution to dispute a rent increase that complies with s 43(1) (permitted increase or an Arbitrator ordered increase). If a landlord collects a rent increase that does not comply with the RTA, the tenant may deduct the entire increase from the rent. The tenant should communicate the reason for the deduction to the landlord before taking this form of action.
-=A. Duty to Provide and Maintain Rental Unit in Repair=
+The landlord must give written notice of a rent increase at least three full months before the increase becomes effective (s 42(2)). If the notice of rent increase is not in writing in the approved form, it is invalid and of no effect. If the landlord gives notice of less than three months, or if the increase is to take effect less than 12 months from when the tenant moved in, or from when the tenant’s rent was last increased, the landlord does not have to issue a new notice. The original notice will self-correct and will take effect on the earliest lawful date, provided it is otherwise correct. The tenant should notify the landlord about any self-correcting dates.
-==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 may apply under s 43(3) of the RTA (additional rent increase) if one or more of the following conditions are met:
-A landlord is responsible for repairing:
+*after the rent increase under s 22 of the RTR, the rent is significantly lower compared to similar units in the same geographical area;
-*the rental structure, and roof;
+*the landlord has completed significant repairs or renovations that could not have been reasonably foreseen and will not recur within a reasonable period (s 23(1)(b) of the RTR);
-*heating, plumbing, electricity;
-*locks, walls, floors, ceilings;
-*fire doors, and fire escapes;
-*intercoms, 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 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 his or her duty.
+*the landlord has incurred a financial loss from an extraordinary increase in the operating expenses of the residential property; or
-When a tenant goes to the RTB to request a repair order, they may also request for a rent reduction until the repair is complete.
+*the landlord, as a tenant, has received an additional rent increase under this section for the same rental unit.
-==2. Tenant==
+The rent increase formula for Manufactured Home Parks is 2% plus inflation plus the proportionate amount of the increases to regulated utilities and local government levies.
+=B. Hidden Rent Increases=
-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 wilful or negligent acts or omissions, or those of a person permitted by him or her on the rental unit or property (RTA, s 32(3)). There is no duty to repair reasonable wear and tear (s 32(4)).
+The tenant can apply to an Arbitrator under s 27 of the RTA, if the landlord starts to charge the tenant for a service or facility previously included in the rent (e.g. for cable television or laundry that was previously free), or takes away a service or facility previously enjoyed by a tenant (e.g. stops providing cable television or laundry that was previously included in the rent, without decreasing the rent proportionately).
-=B. Withholding Rent=
+If the Arbitrator considers that the failure or reduction has resulted in a substantial reduction of the use and enjoyment of residential premises or of the service or facility, the Arbitrator can provide relief (e.g. allowing the tenant to pay less rent, or ordering the service or facility restored).  See also RTB Policy Guideline 22: Termination or Restriction of a Service or Facility.
-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 reduction in 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 an eviction for the tenants.
-=C. Emergency Repairs=
-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, he or she 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:
-*major leaks in the pipes or roof;
-*damaged or blocked water or sewer pipes or plumbing fixtures;
-*malfunction of the central or primary heating system;
-*defective locks that give access to the residential premises;
-*electrical system repair.
-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.
-=D. Terminating or Restricting Services or Facilities=
-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.
-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.
-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.
-See RTB Policy Guideline 22: Termination or Restriction of a Service or Facility.
-=E. Bedbugs=
-Bedbugs are an increasing problem in British Columbia, particularly in the West End and Downtown Eastside of Vancouver. Bedbugs are small (about 1/5 inch long) parasites that tend to live in and around bed frames, cracks in walls, along baseboards, and under carpet edges. They are active at night, coming out to feed on sleeping people before returning to their crevices and crannies. Bedbugs are extremely difficult to get rid of, and the extermination process can be frustrating for both landlords and tenants.
-==1. Landlord Obligations==
-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. Although bedbugs are not a public health risk (they do not transmit infectious diseases), they are still considered a pest and an infestation creates unsuitable living conditions. 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 be treated. Each municipality’s bylaws will vary, so it is best to call city hall.
-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.
-==2. Tenant Obligations==
-Under s 32(2) of the RTA, the tenant is also obligated to maintain the property in a sanitary condition. This includes notifying the landlord of any suspected infestation. Upon discovery of a bedbug 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 bedbugs 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 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.
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Rent Increase in Residential Tenancies (19:VIII): Difference between revisions

Revision as of 22:27, 24 January 2017

A. Rent Increases and Notice

B. Hidden Rent Increases

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