Tenancy and Manufactured Homes (19:XVI): Difference between revisions
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 15, 2024}} | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
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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 | 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. | ||
:'''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. | ||
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* the use of common areas or services. | * the use of common areas or services. | ||
A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim is for more than the monetary limit under the ''Small Claims Act'' ($35000 as of June 2019), the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court. | A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim for compensation under sections 44(1) or (2) or 44.1 exceeds $65,000, the amount of other monetary claims is for more than the monetary limit under the ''Small Claims Act'' ($35000 as of June 2019), the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court. | ||
See ''MHPTA'' s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute, and be accompanied by the fee; it is possible for this fee to be waived. | See ''MHPTA'' s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute, and be accompanied by the fee; it is possible for this fee to be waived. | ||
