Recorded on: September 19, 2023
Length: 60 minutes
Summary
Lawyers Lisa Mackie and Anil Aggarwal and the Residential Tenancy Branch's Michelle Crawford and Leon Magee-Teitelbaum answer common questions about evictions and renovictions in BC.
Highlights
In this webinar, you will learn:
The key ways a tenant can be evicted in BC, including whether a landlord can evict a tenant for being difficult to deal with. [4:10]
How the laws around “renovictions” changed in 2021 and the steps a landlord must take if they want to evict a tenant to renovate a rental unit (including when the tenancy agreement is for a fixed term). [6:45]
Common problems
Whether a tenancy agreement ends when one of two tenants named in the agreement moves out, and whether the remaining tenant can replace the departing tenant with someone else. [10:35]
Whether a landlord can raise the rent or evict a tenant on the basis that the tenant has someone staying with them. [13:40]
Whether a tenant can refuse to pay rent until a landlord makes repairs to a rental unit. [17:30]
Whether a tenant may have a valid claim against a landlord for 12 months’ rent where the landlord gave notice to end the tenancy for landlord’s use of property, but then didn't follow through on that use. [21:35]
Roommates (not on the tenancy agreement)
What options a tenant who is on the tenancy agreement has when their roommate (who is not on the tenancy agreement) refuses to pay rent and will not leave. [24:15]
How much notice a roommate who is not on the tenancy agreement is entitled to when their roommate (who is on the tenancy agreement) wants them to leave. [26:40]
Resolving disputes
What to expect at a dispute resolution hearing with the Residential Tenancy Branch and whether you need to hire a lawyer. [28:10]
Whether a landlord should cancel a hearing date with the Residential Tenancy Branch if the tenant has signed a mutual agreement to end a tenancy. [30:45]
Whether a landlord who did not conduct an initial condition inspection can keep the tenant’s security deposit to cover unpaid rent. [32:55]
What options a landlord has when they have an order of possession but their tenant won’t leave. [35:20]
Live questions
How a tenant can prove that they have been wrongly evicted through a family use eviction notice (also called a notice to end tenancy for landlord’s use of property). [37:25]
Whether a mutual agreement to end a tenancy transfers to a buyer if the landlord sells the property. [40:25]
What percentage of Residential Tenancy Branch decisions are in favour of landlords versus decisions in favour of tenants. [42:05]
What rights a tenant has if they’re evicted for family use and settle with the landlord outside the Residential Tenancy Branch process, and later learn that the landlord isn’t using the property for family use. [45:45]
Whether a landlord can increase a tenant’s rent by 18% because it’s below the current market rate. [48:35]
How to calculate how much of a security deposit a landlord can keep when there’s minor damage to a rental property. [51:25]
What happens to a dispute resolution proceeding with the Residential Tenancy Branch if a tenant disputes a notice to end a tenancy for landlord use and then changes their mind and moves out. [54:25]
Featuring
Lisa Mackie
Lisa Mackie is the leader of the strata property practice group at Alexander Holburn, and a member of the firm’s insurance and real estate practices. Her primary areas of practice are strata property law and residential tenancy law.
Anil Aggarwal
Anil is a lawyer in the insurance, strata property and residential tenancy group at Alexander Holburn. In his litigation-based practice, he has appeared before all levels of court in BC as well as various tribunals, including the Civil Resolution Tribunal and the Residential Tenancy Branch. Anil is also a visiting professor for Simon Fraser University’s Masters in Applied Legal Studies Program, where he lectures on property law.
Michelle Crawford
Michelle Crawford is a manager with the Residential Tenancy Branch.
Leon Magee-Teitelbaum
Leon Magee-Teitelbaum is an information officer with the Residential Tenancy Branch.
Attendee feedback
“Outstanding webinar. Nice, clear answers. Great panel. Thank you!”
“The questions covered were very helpful.”
“The webinar was very good, the facilitator was excellent, and all of the experts provided very useful information.”
“Great host (the best) and knowledgeable panelists.”
“We should have them back!!”
“Thank you all! The panelists were very collegial, knowledgeable and helpful. The questions were diverse and interesting.”
“I learned a lot about evictions and renovictions. Thank you for the webinar!”
“Another excellent webinar as usual!”
Additional resources
From People’s Law School:
From the Residential Tenancy Branch:
From the Residential Tenancy Act:
Section 24, dealing with security deposits and condition inspection reports
Section 44, dealing with how a tenancy ends
Section 51, dealing with compensation to a tenant when the landlord gives a notice to end tenancy for landlord’s use of the property
Also: