Difference between revisions of "The Residential Tenancy Act (19:I)"

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*where the accommodation is included with premises that are primarily occupied for business purposes and are rented under a single agreement.

Traditionally at common law, the test to determine if an occupant is a tenant is whether the occupant has exclusive possession of the rental unit. This test also considers the facts of each case and the intention of the parties In determining whether an occupant is a tenant or not, the Residential Tenancy Branch may consider:

Traditionally at common law, the test to determine if an occupant is a tenant is whether the occupant has '''exclusive''' possession of the rental unit. This test also considers the facts of each case and the intention of the parties In determining whether an occupant is a tenant or not, the Residential Tenancy Branch may consider:

*the absence of a written tenancy agreement;

*the provision of meals;

*laundering and cleaning services provided by the facility;

*if there are no locks on the doors;

*no if a security deposit was paid;

*the lack of exclusive possession; and

*whether the facility is part of a special program and the housing is temporary in nature.

The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by a RTB Arbitrator at a dispute resolution hearing.

In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the RTA. Any roommates who do not have a tenancy agreement with the landlord are not covered by the RTA and do not have any recourse against the landlord. Disputes between a tenant and roommate cannot be brought to the RTB, but may be brought in Small Claims Court. For more information, see'''Section X.E Subletting and Assignment''' and Policy Guideline 19: Assignment and Sublet.

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Line 62:

The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by a RTB Arbitrator at a dispute resolution hearing.

A person who is not a tenant (i.e. someone whose housing is excluded from the RTA or who is an occupant, such as a roommate) may have a licence to occupy. Licensees’ rights and obligations are governed by common law. A licensee can be asked to leave (i.e. be evicted) without specific reason, but the licensor must give reasonable notice (written or verbal). This can be as short as a few days. Over two weeks or a month is almost always reasonable. A person who has had his or her personal property seized should consider taking the position that he or she is a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for return of personal property. If the Arbitrator finds that the RTA does not apply then the application will be dismissed.

A person who has had his or her personal property seized should consider taking the position that he or she is a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for return of personal property. If the Arbitrator finds that the RTA does not apply then the application will be dismissed.

Seizing a licensee’s personal property is not lawful unless the licensor already has a court order. If the licensee has been locked out or has had goods seized without notice, he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. A licensee not covered by the RTA may have a remedy under the common law, the Hotel Keeper Act, RSBC 1996, c 206, the Commercial Tenancy Act, RSBC 1996, c 57 (under which “tenant” is defined as including “occupant”), or the regulations authorized by these statutes. The Hotel Keeper Act provides that a hotel keeper has the right to distrain (i.e. the right to seize belongings without first getting a court order) the occupant’s belongings for non-payment of rent. See also local health, safety, fire, and lodging house bylaws, which may give some protection to hotel keepers.

~~Seizing a licensee’s personal property is not lawful unless the licensor already has a court order.~~ If the licensee has been locked out or has had goods seized without notice, he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. ~~A licensee not covered by~~ the ~~RTA may have~~ a ~~remedy under~~ the ~~common law~~, ~~the ''Hotel Keeper Act''~~, ~~RSBC 1996~~, ~~c 206~~, ~~the ''Commercial Tenancy Act'', RSBC 1996, c 57 (under~~ which ~~“tenant” is defined as including “occupant”), or the bylaws authorized by these statutes~~.

If the licensee has been locked out or has had goods seized without notice, he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. The Hotel Keeper Act provides that a hotel keeper has the right to distrain (i.e. the right to seize belongings without first getting a court order) the occupant’s belongings for non-payment of rent. See also local health, safety, fire, and lodging house bylaws, which may give some protection to hotel keepers.

=== 2. Non-Profit Housing Cooperatives ===

@@ Line 46: / Line 46: @@
 *where the accommodation is included with premises that are primarily occupied for business purposes and are rented under a single agreement.
-Traditionally at common law, the test to determine if an occupant is a tenant is whether the occupant has exclusive possession of the rental unit. This test also considers the facts of each case and the intention of the parties In determining whether an occupant is a tenant or not, the Residential Tenancy Branch may consider:
+Traditionally at common law, the test to determine if an occupant is a tenant is whether the occupant has '''exclusive''' possession of the rental unit. This test also considers the facts of each case and the intention of the parties In determining whether an occupant is a tenant or not, the Residential Tenancy Branch may consider:
+*the absence of a written tenancy agreement;
+*the provision of meals;
+*laundering and cleaning services provided by the facility;
+*if there are no locks on the doors;
+*no if a security deposit was paid;
+*the lack of exclusive possession; and
+*whether the facility is part of a special program and the housing is temporary in nature.
+The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by a RTB Arbitrator at a dispute resolution hearing.
 In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the RTA.  Any roommates who do not have a tenancy agreement with the landlord are not covered by the RTA and do not have any recourse against the landlord.  Disputes between a tenant and roommate cannot be brought to the RTB, but may be brought in Small Claims Court.  For more information, see'''Section X.E Subletting and Assignment''' and Policy Guideline 19: Assignment and Sublet.
@@ Line 52: / Line 62: @@
 The determination of whether there is a tenancy depends on the circumstances of each case and can only be made by a RTB Arbitrator at a dispute resolution hearing.
-A person who is not a tenant (i.e. someone whose housing is excluded from the RTA or who is an occupant, such as a roommate) may have a licence to occupy.  Licensees’ rights and obligations are governed by common law. A licensee can be asked to leave (i.e. be evicted) without specific reason, but the licensor must give reasonable notice (written or verbal). This can be as short as a few days. Over two weeks or a month is almost always reasonable.  A person who has had his or her personal property seized should consider taking the position that he or she is a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for return of personal property. If the Arbitrator finds that the RTA does not apply then the  application will be dismissed.
+A person who has had his or her personal property seized should consider taking the position that he or she is a tenant and apply to the Residential Tenancy Branch for dispute resolution seeking an order for return of personal property. If the Arbitrator finds that the RTA does not apply then the application will be dismissed.
+Seizing a licensee’s personal property is not lawful unless the licensor already has a court order. If the licensee has been locked out or has had goods seized without notice, he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. A licensee not covered by the RTA may have a remedy under the common law, the Hotel Keeper Act, RSBC 1996, c 206, the Commercial Tenancy Act, RSBC 1996, c 57 (under which “tenant” is defined as including “occupant”), or the regulations authorized by these statutes. The Hotel Keeper Act provides that a hotel keeper has the right to distrain (i.e. the right to seize belongings without first getting a court order) the occupant’s belongings for non-payment of rent. See also local health, safety, fire, and lodging house bylaws, which may give some protection to hotel keepers.
-Seizing a licensee’s personal property is not lawful unless the licensor already has a court order. If the licensee has been locked out or has had goods seized without notice,  he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. A licensee not covered by the RTA may have a remedy under the common law, the ''Hotel Keeper Act'', RSBC 1996, c 206, the ''Commercial Tenancy Act'', RSBC 1996, c 57 (under which “tenant” is defined as including “occupant”), or the bylaws authorized by these statutes.
+If the licensee has been locked out or has had goods seized without notice, he or she could ask a police officer for assistance or sue in Small Claims Court for an order for the return of goods and/or monetary compensation. The Hotel Keeper Act provides that a hotel keeper has the right to distrain (i.e. the right to seize belongings without first getting a court order) the occupant’s belongings for non-payment of rent. See also local health, safety, fire, and lodging house bylaws, which may give some protection to hotel keepers.
 === 2. Non-Profit Housing Cooperatives ===

Difference between revisions of "The Residential Tenancy Act (19:I)"

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