B.C. proposes amendments to protect renters from bad-faith evictions, unfair rent hikes

By Karunjit Singh ·

Law360 Canada (April 3, 2024, 2:52 PM EDT) -- British Columbia is set to amend the Residential Tenancy Act to protect renters from bad-faith evictions and rent hikes above the annual allowable rent increase when children are added to the household, according to a government release.

The Ministry of Housing noted that it is also taking steps to protect landlords by resolving rental disputes faster.

“While most landlords and tenants play by the rules and have respectful relationships, too many people in B.C. are still facing unfair rent hikes and evictions under false pretenses,” said Premier David Eby, adding that the proposed changes would bring more fairness for everyone in the rental market.

The proposed amendments to the Residential Tenancy Act will prohibit rent increases above the annual allowable limit if a tenant adds a child under 19 to their household, even if there is a term in the tenancy agreement stating that rent will increase with new occupants.

The amendments also aim to deter bad-faith evictions by requiring landlords to use a web portal to generate a notice to evict a tenant for personal use of the premises. The portal will educate landlords about the required conditions for such evictions and the risks of bad-faith evictions, while providing a standardized process for serving notice.

Additionally, a new process for evictions will also allow for post-eviction compliance audits and provide information to the ministry about the frequency of these types of evictions.

The amendments also increase the amount of time that a landlord must occupy a rental unit after ending a tenancy for personal occupancy from six months to 12 months and increase the amount of notice a landlord is required to give a tenant when ending a tenancy for personal occupancy. The proposed changes will also increase the amount of time a tenant has to dispute a notice to end tenancy from 15 days to 30 days.

The amendments will also prohibit evictions for personal use in purpose-built rental buildings with five or more units and prohibit evictions for the conversion of rental units to specific non-residential uses.

The release noted that the province is also taking action to resolve rental disputes faster with wait times at the Residential Tenancy Branch falling by almost 54 per cent since November 2022 due to additional staff, service improvements and investments aimed at providing faster resolutions.

The ministry also noted that wait times for the dispute stream that fast-tracks hearings for unpaid rent and/or utilities had decreased by more than 52 per cent, from 10.5 weeks in February 2023 to less than five weeks in February 2024, thereby providing quicker resolution for landlords waiting to get their units back.

According to the ministry, the new Money Judgment Enforcement Act, which is set to come into force in 2025, will also make it easier and less costly for people to get the money owed to them from decisions resulting from Residential Tenancy Branch hearings.

If you have any information, story ideas, or news tips for Law360 Canada on business-related law and litigation, including class actions, please contact Karunjit Singh at karunjit.singh@lexisnexis.ca or 905-415-5859.