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→Above guideline increases
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== Above guideline increases == | == Above guideline increases == | ||
If a rent increase falls within the allowable percentage, it cannot be disputed. You do not have to pay increases higher than the allowable percentage unless the increase is ordered by the [[Residential Tenancy Branch]]. If you agree in writing to a rent increase above the allowable percentage, the landlord does not have to apply to the RTB for the increase. However, if you do not agree to the increase, the | If a rent increase falls within the allowable percentage, it cannot be disputed. You do not have to pay increases higher than the allowable percentage unless the increase is ordered by the [[Residential Tenancy Branch]]. If you agree in writing to a rent increase above the allowable percentage, the landlord does not have to apply to the RTB for the increase. However, if you do not agree to the increase, the landlord must apply for an RTB order to increase the rent. | ||
landlord must apply for an RTB order to increase the rent. | |||
===Reasons for higher rent increases=== | |||
The landlord must apply to the RTB for a rent increase above the allowable percentage. The application fee landlords must pay is $200, and $5 for each additional rental unit. The landlord must justify, or prove, to a dispute resolution officer why the rent should be increased above the set amount. The dispute resolution officer can: | |||
*deny the application or order a smaller rent increase | |||
*phase-in a large rent increase over a period of time | |||
*order that the landlord obey certain conditions set out in the order | |||
The law sets out several reasons why a landlord can apply for an increase higher than the set amount, and the dispute resolution officer must consider these reasons which are set out in Section 23 of the ''[[Residential Tenancy Act|Residential Tenancy Regulation.]]'' Keep in mind the Regulation is something different from the Act. [http://www.rto.gov.bc.ca/documents/GL37.pdf Residential Tenancy Policy Guideline 37] gives detailed information about what dispute resolution officers will consider in a hearing regarding above guideline rent increases. | |||
If the landlord has applied for a higher increase, you have the right to a dispute resolution hearing to present your side of the story to the [[Residential Tenancy Branch]]. For example if you have a repair order and the landlord has not done the repairs, you can present that as evidence. | |||