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Difference between revisions of "Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)"

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Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV) (view source)

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{{REVIEWED LSLAP | date= September 7, 2020}}
{{REVIEWED LSLAP | date= August 10, 2021}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


== '''A. General''' ==
== '''A. General''' ==


In 2004, the Manufactured Home Park Tenancy Act, (MHPTA)was given effect in order to meet the unique needs of landlords of manufactured home parks and owners of manufactured homes who rent the site on which their homes sit. If one rent both the manufactured home and the pad it sits on, the tenant is covered by the RTA, and therefore has the same legal rights as other tenants in British Columbia.
In 2004, the ''Manufactured Home Park Tenancy Act'', (''MHPTA'') was given effect in order to meet the unique needs of landlords of manufactured home parks and owners of manufactured homes who rent the site on which their homes sit. If one rent both the manufactured home and the pad it sits on, the tenant is covered by the ''RTA'', and therefore has the same legal rights as other tenants in British Columbia.




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A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.
A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.


:NOTE: Between March 30th, 2020 and  June 23rd, 2020, section 16 of Ministerial Order 89 of 2020 allowed landlords to restrict access to common areas of the manufactured home park by tenants and their guests to protect the health of themselves, a tenant, an occupant, or a guest, to comply with an order by the governments of Canada, BC, or the municipalities under the Emergency Program Act or to follow the guidelines of BC Centre for Disease Control or the Public Health Agency of Canada. Between June 24th, 2020 and when the BC Provincial State of Emergency expires or is cancelled, section 11 of Ministerial Order 195 of 2020 prevents the director from granting an order that reduces the rent or any other order of monetary compensation resulting from the termination or restriction of access unless the director already held a hearing on an application for dispute resolution for this reason. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.


=== '''2. Landlord''' ===
=== '''2. Landlord''' ===
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*If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (MHPTA s 18.1 (2))
*If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (''MHPTA'' s 18.1 (2))
**For the purpose of MHPTA s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”  
**For the purpose of ''MHPTA'' s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”  
*All existing tenancy agreements would be implied to have terms prohibiting growing cannabis on the outdoor areas or common areas of the home park or home site unless:
*All existing tenancy agreements would be implied to have terms prohibiting growing cannabis on the outdoor areas or common areas of the home park or home site unless:
**# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
**# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
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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: s. 12 of Bill 7 (''Tenancy Statutes Amendment Act'', 2021) came into effect March 25th, 2021, and added s. 36.1 to the ''MHPTR''.  Under this provision, all notices of rent increase which are received before September 30, 2021, and have an effective date after March 30, 2020 and before January 1, 2022, have no effect.  Previously, section 6 of Ministerial Order 89 of 2020 and section 5 of Ministerial Order 195 of 2020 had implemented a freeze on rent increases beginning March 30th, 2020, and extending as long as the BC Provincial State of Emergency lasted.
 
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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A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase, the notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (MHPTA, s 35(2)).
A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase, the notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (MHPTA, s 35(2)).


:NOTE: Section 15 of Ministerial Order 89 of 2020 and section 10 of Ministerial Order 195 of 2020 renders rent increases that would have taken effect during the BC Provincial State of Emergency ineffective until the State of Emergency expires. If a landlord collects a rent increase that does not comply with these sections, the tenant may deduct the increase from rent or otherwise recover the increase. If a landlord collects a rent increase that does not comply with this section the tenant may deduct the increase from rent or otherwise recover the increase. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see when the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.


==== '''c) Timing''' ====
==== '''c) Timing''' ====
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**s 43 (tenant may end tenancy early).
**s 43 (tenant may end tenancy early).


:NOTE: Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in MHPTA, s 45.
:NOTE: Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in ''MHPTA'', s 45.


:NOTE: Section 11 of Ministerial Order 89 of 2020 prohibits landlords from giving notices to end tenancy despite sections 37(1)(a)(ii) to (v) and sections 39 to 42 of the MHPTA between March 30th, 2020 and June 23rd, 2020. If a notice to end tenancy was given before March 30th, 2020, then the notice remains in effect, subject to the dispute resolution process and an order of possession may be granted under section 48 of the MHPTA. However, sections 13 and 14 of the Order prevents the application for orders of possession or the enforcement of existing writs of possession between March 30th, 2020 and when the BC Provincial State of Emergency expires unless the order was applied for and granted under section 49 or 49.1 of the MHPTA or the order of possession was permitted under section 12(2) of the Order. Section 8 of Ministerial Order 195 of 2020 prevents Landlords from giving notices to end tenancy for unpaid or late rent or utility that is due after June 24th, 2020 and when the BC. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.
*the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
*the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
*the landlord and tenant agree in writing to end the tenancy;
*the landlord and tenant agree in writing to end the tenancy;
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=== '''2. Failure to Pay Rent''' ===
=== '''2. Failure to Pay Rent''' ===
NOTE: A landlord cannot end a tenancy for unpaid rent or utilities that came due during the specified period of March 18, 2020 to August 17, 2020 without giving the tenant a repayment plan for the unpaid amount.  If the tenant defaults on the repayment plan, the landlord may give a Notice to End Tenancy.  See https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19 for more information


A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (MHPTA, s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the MHPTA to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.
A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (MHPTA, s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the MHPTA to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.
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