Assisted and Supported Living Tenancies (19:XIV)
The RTA does not cover Assisted Living nor most Supported Living Tenancies. In September 2013, the B.C. Law Institute published a report after a three-year review regarding drafting legislation on Assisted Living and Residential Care tenancies. The Report on Assisted Living in British Columbia is available online at http://www.bcli.org/publication/report-on-assisted-living-in-british-columbia.
Hospitality service may include meal services, laundry services, social and recreational opportunities or a 24 hour emergency response system. Personal care services would include assistance with eating, grooming, bathing, etc.; storage and distribution of medications; supervision of cash and property; nutrition monitoring; behaviour management; or psychosocial rehabilitation. Tenants and landlords entering into assisted/supported living arrangements need to sign tenancy agreements, and also need to sign separate service agreements specifying which services are included and on what terms. A service agreement should cover:
- the hospitality services and personal care services provided to each occupant of the rental unit;
- the amount payable for these services and when it is due;
- the landlord’s entry into the rental unit to provide services; and
- whether there is a requirement for other occupants and guests to pay for services that are not needed.
More information on assisted living services can be found at the website of the Assisted Living Registry at http://www.health.gov.bc.ca/assisted/residents/.
Fees for these services should not be part of a lump-sum monthly bill, but should be set out separately from the rental fee. A landlord can increase the rent if the tenant agrees, or once a year by a percentage permitted by law. The landlord must give the tenant three whole rental months’ written notice before the effective date of the rent increase. A landlord will not be permitted to withdraw or restrict rental services if they are essential, or if they constitute material terms of the rental agreement.