BC Proposes Changes to Residential Tenancy Act

It’s been a long time coming, but the provincial government has now introduced a number of legislative changes to the Residential Tenancy Act. These changes are intended to support tenants fleeing from family violence, reduce red tape for landlords and tenants, and to make it easier for members to terminate a strata corporation.

The proposed changes will allow for the early termination of fixed-term tenancy, or a lease, by a tenant who is fleeing family violence or who has been accepted into a long-term care facility.

In addition, amendments will allow landlords to repay security deposits electronically.

“We want to support the personal safety and health-care needs of people with fixed-term tenancy agreements, and also reduce red-tape for landlords. For strata owners, there’s a need to give them flexibility when their property reaches the end of its life cycle or when the strata members want to re-develop,” said Rich Coleman, Minister of Natural Gas Development and Minister Responsible for Housing.

Lastly, the provincial government is proposing changes to the Strata Property Act, allowing strata corporation members to terminate the corporation by an 80 per cent vote.

With the way the act works now, a unanimous vote is required to terminate a corporation, making it extremely difficult to wrap up a corporation in cases where a building is at the end of its life cycle or where strata members wish to sell their property for redevelopment.

According to the provincial government, these proposed changes to the tenancy act are widely supported by landlord and tenant groups, as well as by condominium owners’ associations.

“This will be a welcome change for condo owners in B.C. who are struggling with aging buildings that are now imposing extremely high costs for renewals, and are prevented from considering redevelopment offers because they cannot obtain a unanimous vote of the strata. A unanimous vote is virtually impossible in most strata corporations as it requires a vote in favour of the proposal by every owner. The provisions for an 80% vote that require the approval of the courts will ensure that the minority interests are still protected and the liquidation is beneficial for the strata as a collective, not just a focused interest group,” said Tony Gioventu, executive director, Condominium Home Owners’ Association.

For more information on residential tenancies in B.C., click here. For additional information on strata housing, click here. To check out the Canadian Landlords Association, click here.