Residential Tenancy Regulation

Residential Tenancy Act

RESIDENTIAL TENANCY REGULATION

B.C. Reg. 477/2003

Deposited December 12, 2003 and effective January 1, 2004

Last amended September 11, 2023 by B.C. Reg. 207/2023

Consolidated Regulations of British Columbia

This is an unofficial consolidation.

Consolidation current to September 28, 2023

B.C. Reg. 477/2003 (O.C. 1239/2003), deposited December 12, 2003 and effective

January 1, 2004, is made under the Residential Tenancy Act, S.B.C. 2002, c. 78, s. 97.

This is an unofficial consolidation provided for convenience only. This is not a copy

prepared for the purposes of the Evidence Act.

This consolidation includes any amendments deposited and in force as of the currency

date at the bottom of each page. See the end of this regulation for any amendments

deposited but not in force as of the currency date. Any amendments deposited after the

currency date are listed in the B.C. Regulations Bulletins. All amendments to this

regulation are listed in the Index of B.C. Regulations. Regulations Bulletins and the

Index are available online at www.bclaws.ca.

See the User Guide for more information about the Consolidated Regulations of

British Columbia. The User Guide and the Consolidated Regulations of British

Columbia are available online at www.bclaws.ca.

Prepared by:

Office of Legislative Counsel

Ministry of Attorney General

Victoria, B.C.

Consolidation current to September 28, 2023

Residential Tenancy Act

RESIDENTIAL TENANCY REGULATION

B.C. Reg. 477/2003

Contents

PART 1 – GENERAL

1 Definitions 1

1.1 Emergency shelter in relation to COVID-19 emergency 1

1.2 Exemption from Act for government 1

2 Exemption from certain sections of the Act for public housing bodies 2

3 Definition of “unconscionable” 2

3.1 Public housing bodies 2

4 Interest payable on security deposits and pet damage deposits 2

5 Prohibited fees 3

6 Refundable fees charged by landlord 3

7 Non-refundable fees charged by landlord 3

8 Fee for starting application for dispute resolution 3

9 Fee for application for a review hearing 4

10 Administration of trust accounts 4

PART 2 – REQUIREMENTS FOR TENANCY AGREEMENTS

11 Tenancy agreement must comply with Act 4

12 Disclosure and form of agreement 4

13 Standard terms that must be included in a tenancy agreement 5

13.1 Fixed term tenancy – circumstances when tenant must vacate at end of term 5

PART 3 – CONDITION INSPECTIONS

14 Rental unit to be empty 5

15 Tenant may appoint an agent 5

16 Scheduling of the inspection 6

17 Two opportunities for inspection 6

18 Condition inspection report 6

19 Disclosure and form of the condition inspection report 6

20 Standard information that must be included in a condition inspection report 7

21 Evidentiary weight of a condition inspection report 8

PART 4 – RENT INCREASES

21.1 Definitions for Part 8

22 Annual rent increase 9

22.1 Rent increase – 2023 9

22.2 Rent increase – 2024 10

23 Additional rent increase other than for eligible capital expenditures 10

23.1 Additional rent increase for eligible capital expenditures 12

23.2 Determination of amount of additional rent increase for eligible

capital expenditures 13

23.3 Imposition of additional rent increase for eligible capital expenditures 13

23.4 Combination of rent increases 15

Consolidation current to September 28, 2023

PART 5 – ABANDONMENT OF PERSONAL PROPERTY

24 Abandonment of personal property 15

25 Landlord’s obligations 16

26 Tenant’s claim for abandoned property 16

27 Notice of disposition 17

28 Holder of a security interest 18

29 Disposal of personal property 18

30 Landlord’s duty of care 19

31 [Repealed] 19

PART 6 – PENALTIES

32 Offence penalties 19

33 Opportunity to be heard 19

34 Consequences of failing to appear or provide submissions 20

35 Payment of administrative monetary penalty 20

36 Limitation period for administrative penalties 20

37 Agreement terms 20

PART 7 – END OF FIXED TERM TENANCY

38 Definitions 21

39 Eligibility to confirm risk of family violence 21

40 Eligibility to confirm need for long-term care 22

41 Assessments 23

42 Confirmation statements 23

PART 8 – GIVING AND SERVING DOCUMENTS

43 Other means of giving or serving documents 24

44 When documents are considered to be received 24

SCHEDULE 24

Consolidation current to September 28, 2023

Last amended September 11, 2023 1

Residential Tenancy Act

RESIDENTIAL TENANCY REGULATION

B.C. Reg. 477/2003

PART 1 – GENERAL

Definitions

1 (1) In this regulation, “Act” means the Residential Tenancy Act, S.B.C. 2002, c. 78.

(2) For the purposes of section 4 (f) [what the Act does not apply to] of the Act,

“transitional housing” means living accommodation that is provided

(a) on a temporary basis,

(b) by a person or organization that receives funding from a local government

or the government of British Columbia or of Canada for the purpose of

providing that accommodation, and

live independently.

[am. B.C. Reg. 278/2016, Sch. s. 1.]

Emergency shelter in relation to COVID-19 emergency

1.1 (1) In this section, “COVID-19 emergency” means the emergency that is the subject

(a) the notice provided on March 17, 2020 by the provincial health officer

under section 52 (2) of the Public Health Act, and

(b) the declaration of a state of emergency made on March 18, 2020, and any

extension of that declaration, under section 9 of the Emergency Program

Act.

(2) For the purposes of section 4 (f) [what this Act does not apply to] of the Act,

“emergency shelter” includes living accommodation that is provided in relation

to the COVID-19 emergency

(a) on a temporary basis,

(b) free of charge to the occupant, and

the purpose of providing that accommodation.

[en. B.C. Reg. 115/2020.]

Exemption from Act for government

1.2 The Act does not apply in relation to a tenancy agreement between the government

and a tenant that arises from

(a) a lease or a licence of occupation under section 11 (2) of the Land Act,

(b) a lease under section 38 of the Land Act, or

[en. B.C. Reg. 206/2023, Sch. 2.]

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B.C. Reg. 477/2003 RESIDENTIAL TENANCY ACT

RESIDENTIAL TENANCY REGULATION

Part 1 – General

2 Last amended September 11, 2023

Exemption from certain sections of the Act for public housing bodies

2 Rental units operated by the following are exempt from the requirements of

sections 34 (2), 41, 42 and 43 [assignment and subletting, rent increases] of the Act

if the rent of the units is related to the tenant’s income:

(a) the British Columbia Housing Management Commission;

(b) the Canada Mortgage and Housing Corporation;

(d) the City of Vancouver Public Housing Corporation;

(e) Metro Vancouver Housing Corporation;

(f) the Capital Region Housing Corporation;

(g) any housing society or non-profit municipal housing corporation that has an

agreement regarding the operation of residential property with the

following:

(i) the government of British Columbia;

(ii) the British Columbia Housing Management Commission;

(iii) the Canada Mortgage and Housing Corporation;

(iv) a municipality;

(v) a regional district;

(h) any housing society or non-profit municipal housing corporation that

previously had an agreement regarding the operation of residential property

with a person or body listed in paragraph (g), if the agreement expired and

was not renewed.

[am. B.C. Regs. 249/2008; 278/2016, Sch. s. 2.]

Definition of “unconscionable”

3 For the purposes of section 6 (3) (b) [unenforceable term] of the Act, a term of a

tenancy agreement is “unconscionable” if the term is oppressive or grossly unfair to

one party.

Public housing bodies

3.1 The persons and organizations set out in section 2 (a) to (h) of this regulation are

prescribed as public housing bodies for the purposes of section 49.1 of the Act.

[en. B.C. Reg. 234/2006, s. 11; am. B.C. Reg. 19/2020, s. 1.]

Interest payable on security deposits and pet damage deposits

4 The rate of interest under section 38 (1) (c) [return of deposits] of the Act that is

payable to a tenant on a security deposit or pet damage deposit is 4.5% below the

prime lending rate of the principal banker to the Province on the first day of each

calendar year, compounded annually.

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RESIDENTIAL TENANCY REGULATION

Part 1 – General

Last amended September 11, 2023 3

Prohibited fees

5 (1) A landlord must not charge a guest fee, whether or not the guest stays overnight.

(2) A landlord must not charge a fee for replacement keys or other access devices if

the replacement is required because the landlord changed the locks or other

means of access.

(3) A landlord must not charge a fee in relation to any cost incurred by the landlord

to repay a deposit as described in section 38 (8) (c) [return of deposit] of the Act.

[am. B.C. Reg. 278/2016, Sch. s. 3.]

Refundable fees charged by landlord

6 (1) If a landlord provides a tenant with a key or other access device, the landlord may

charge a fee that is

(a) refundable upon return of the key or access device, and

(b) no greater than the direct cost of replacing the key or access device.

(2) A landlord must not charge a fee described in subsection (1) if the key or access

device is the tenant’s sole means of access to the residential property.

Non-refundable fees charged by landlord

7 (1) A landlord may charge any of the following non-refundable fees:

(a) direct cost of replacing keys or other access devices;

(b) direct cost of additional keys or other access devices requested by the

tenant;

of a tenant’s cheque;

(d) subject to subsection (2), an administration fee of not more than $25 for the

return of a tenant’s cheque by a financial institution or for late payment of

rent;

(e) subject to subsection (2), a fee that does not exceed the greater of $15 and

3% of the monthly rent for the tenant moving between rental units within

the residential property, if the tenant requested the move;

(f) a move-in or move-out fee charged by a strata corporation to the landlord;

(g) a fee for services or facilities requested by the tenant, if those services or

facilities are not required to be provided under the tenancy agreement.

(2) A landlord must not charge the fee described in paragraph (1) (d) or (e) unless the

tenancy agreement provides for that fee.

Fee for starting application for dispute resolution

8 For the purposes of section 59 (2) (c) [starting dispute resolution] of the Act, an

applicant for dispute resolution must pay the following fees:

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Part 2 – Requirements for Tenancy Agreements

4 Last amended September 11, 2023

(a) for an application for a rent increase above the regulated limit, $300 plus

$10 for each rental unit, to a maximum of $600;

(b) Repealed.

[B.C. Reg. 254/2015, s. 1 (b).]

[am. B.C. Regs. 234/2006, s. 12; 254/2015, s. 1.]

Fee for application for a review hearing

9 For the purposes of section 79 (3) (b) [application for review] of the Act, an applicant

for a review hearing must pay a fee of $50.

[am. B.C. Reg. 254/2015, s. 2.]

Administration of trust accounts

10 (1) For the purposes of section 65 (2) [recovery of costs] of the Act, “costs” means

(a) the direct costs of the director’s administration of an order under section

65 (1) (a) [rent paid to director] of the Act,

(b) $100 for the cost of establishing each trust account, and

(2) The director may reduce any of the costs set out in subsection (1) if there are

insufficient funds in the trust account.

(3) Repealed.

[B.C. Reg. 278/2016, Sch. s. 4.]

[am. B.C. Regs. 234/2006, s. 13; 278/2016, Sch. s. 4.]

PART 2 – REQUIREMENTS FOR TENANCY AGREEMENTS

Tenancy agreement must comply with Act

11 A landlord must ensure that any tenancy agreement entered into or renewed by the

landlord on or after the date the Act comes into force complies with this Part.

Disclosure and form of agreement

12 (1) A landlord must ensure that a tenancy agreement is

(a) in writing,

(b) signed and dated by both the landlord and the tenant,

(d) written so as to be easily read and understood by a reasonable person.

(2) A landlord must ensure that the terms of a tenancy agreement required under

section 13 [requirements for a tenancy agreement] of the Act and section 13

[standard terms] of this regulation are set out in the tenancy agreement in a

manner that makes them clearly distinguishable from terms that are not required

under those sections.

[am. B.C. Reg. 234/2006, s. 14.]

Consolidation current to September 28, 2023

RESIDENTIAL TENANCY ACT B.C. Reg. 477/2003

RESIDENTIAL TENANCY REGULATION

Part 3 – Condition Inspections

Last amended September 11, 2023 5

Standard terms that must be included in a tenancy agreement

13 (1) A landlord must ensure that a tenancy agreement contains the standard terms.

(1.1) The terms set out in the schedule are prescribed as the standard terms.

(2) A landlord of a rental unit referred to in section 2 [exemption from certain

sections of the Act for public housing bodies] is not required to include the

following in a tenancy agreement:

(a) section 2 [security and pet damage deposit] of the Schedule if the landlord

does not require payment of a security deposit or a pet damage deposit;

(b) sections 6 and 7 [rent increase, assign or sublet] of the Schedule.

[am. B.C. Reg. 234/2006, s. 15.]

Fixed term tenancy – circumstances when tenant

must vacate at end of term

13.1 (1) In this section, “close family member” has the same meaning as in section 49 (1)

of the Act.

(2) For the purposes of section 97 (2) (a.1) [prescribing circumstances when

landlord may include term requiring tenant to vacate] of the Act, a circumstance

in which a landlord may include in a fixed term tenancy agreement a requirement

that the tenant vacate the rental unit at the end of the term is that the landlord is

an individual who, or whose close family member, will occupy the rental unit at

the end of the term.

(3) For the purposes of section 97 (2) (a.2) [prescribing period of time for which a

circumstance prescribed under paragraph (a.1) must be satisfied] of the Act, the

period of time for which the circumstance prescribed under paragraph (a.1) must

be satisfied is 6 months.

[en. B.C. Reg. 225/2017, App. 2, s. 1; am. B.C. Reg. 171/2022, s. (b).]

PART 3 – CONDITION INSPECTIONS

Rental unit to be empty

14 The landlord and tenant must complete a condition inspection described in section 23

or 35 [condition inspections] of the Act when the rental unit is empty of the tenant’s

possessions, unless the parties agree on a different time.

Tenant may appoint an agent

15 (1) The tenant may appoint an agent to act on the tenant’s behalf to attend a condition

inspection and sign a condition inspection report described in section 23 or 35 of

the Act.

(2) The tenant must advise the landlord, in advance of the condition inspection, that

an agent will be acting for the tenant in respect of the condition inspection and

condition inspection report.

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B.C. Reg. 477/2003 RESIDENTIAL TENANCY ACT

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Part 3 – Condition Inspections

6 Last amended September 11, 2023

(3) The landlord must not accept an appointment or act as the tenant’s agent for the

purposes of subsection (1).

[am. B.C. Reg. 64/2021, s. 3.]

Scheduling of the inspection

16 (1) The landlord and tenant must attempt in good faith to mutually agree on a date

and time for a condition inspection.

(2) A condition inspection must be scheduled and conducted between 8 a.m. and

9 p.m., unless the parties agree on a different time.

Two opportunities for inspection

17 (1) A landlord must offer to a tenant a first opportunity to schedule the condition

inspection by proposing one or more dates and times.

(2) If the tenant is not available at a time offered under subsection (1),

(a) the tenant may propose an alternative time to the landlord, who must

consider this time prior to acting under paragraph (b), and

(b) the landlord must propose a second opportunity, different from the

opportunity described in subsection (1), to the tenant by providing the

tenant with a notice in the approved form.

(3) When providing each other with an opportunity to schedule a condition

inspection, the landlord and tenant must consider any reasonable time limitations

of the other party that are known and that affect that party’s availability to attend

the inspection.

Condition inspection report

18 (1) The landlord must give the tenant a copy of the signed condition inspection report

(a) of an inspection made under section 23 of the Act, promptly and in any

event within 7 days after the condition inspection is completed, and

(b) of an inspection made under section 35 of the Act, promptly and in any

event within 15 days after the later of

(i) the date the condition inspection is completed, and

(ii) the date the landlord receives the tenant’s forwarding address in

writing.

(2) The landlord must use a service method described in section 88 [service of

documents] of the Act.

Disclosure and form of the condition inspection report

19 A condition inspection report must be

(a) in writing,

(b) in type no smaller than 8 point, and

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RESIDENTIAL TENANCY ACT B.C. Reg. 477/2003

RESIDENTIAL TENANCY REGULATION

Part 3 – Condition Inspections

Last amended September 11, 2023 7

Standard information that must be included in a condition inspection report

20 (1) A condition inspection report completed under section 23 or 35 of the Act must

contain the following information:

(a) the correct legal names of the landlord, the tenant and, if applicable, the

tenant’s agent;

(b) the address of the rental unit being inspected;

(d) the address for service of the landlord;

(e) the date of the condition inspection;

(f) a statement of the state of repair and general condition of each room in the

rental unit including, but not limited to, the following as applicable:

(i) entry;

(ii) living rooms;

(iii) kitchen;

(iv) dining room or eating area;

(v) stairs;

(vi) halls;

(vii) bathrooms;

(viii) bedrooms;

(ix) storage;

(x) basement or crawl space;

(xi) other rooms;

(xii) exterior, including balcony, patio and yard;

(xiii) garage or parking area;

(g) a statement of the state of repair and general condition of any floor or

window coverings, appliances, furniture, fixtures, electrical outlets and

electronic connections provided for the exclusive use of the tenant as part

of the tenancy agreement;

(h) any other items which the landlord and tenant agree should be included;

(i) a statement identifying any damage or items in need of maintenance or

repair;

(j) appropriate space for the tenant to indicate agreement or disagreement with

the landlord’s assessment of any item of the condition of the rental unit and

contents, and any additional comments;

(k) the following statement, to be completed by the tenant:

I, ......................................... Tenant’s name

[ ] agree that this report fairly represents the condition of the rental unit.

Consolidation current to September 28, 2023

B.C. Reg. 477/2003 RESIDENTIAL TENANCY ACT

RESIDENTIAL TENANCY REGULATION

Part 4 – Rent Increases

8 Last amended September 11, 2023

[ ] do not agree that this report fairly represents the condition of the

rental unit, for the following reasons:

.............................................................................................................

...........................................................................................................;

(l) a space for the signature of both the landlord and tenant.

(2) In addition to the information referred to in subsection (1), a condition inspection

report completed under section 35 [condition inspection: end of tenancy] of the

Act must contain the following items in a manner that makes them clearly distin-

guishable from other information in the report:

(a) a statement itemizing any damage to the rental unit or residential property

for which the tenant is responsible;

(b) if agreed upon by the landlord and tenant,

(i) the amount to be deducted from the tenant’s security deposit or pet

damage deposit,

(ii) the tenant’s signature indicating agreement with the deduction, and

(iii) the date on which the tenant signed.

Evidentiary weight of a condition inspection report

21 In dispute resolution proceedings, a condition inspection report completed in

accordance with this Part is evidence of the state of repair and condition of the rental

unit or residential property on the date of the inspection, unless either the landlord or

the tenant has a preponderance of evidence to the contrary.

[am. B.C. Reg. 234/2006, s. 16.]

PART 4 – RENT INCREASES

Definitions for Part

21.1 (1) In this Part:

“another source” includes a grant scheme or similar scheme, an insurance plan and

a settlement of a claim;

“dwelling unit” means the following:

(a) living accommodation that is not rented and not intended to be rented;

(b) a rental unit;

“eligible capital expenditures” means capital expenditures described in

section 23.1 (4);

“greenhouse gas” has the same meaning as in the Climate Change Accountability

Act;

“major component”, in relation to a residential property, means

(a) a component of the residential property that is integral to the residential

property, or

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RESIDENTIAL TENANCY REGULATION

Part 4 – Rent Increases

Last amended September 11, 2023 9

(b) a significant component of a major system;

“major system”, in relation to a residential property, means an electrical system,

mechanical system, structural system or similar system that is integral

(a) to the residential property, or

(b) to providing services to the tenants and occupants of the residential

property;

“specified dwelling unit” means

(a) a dwelling unit that is a building, or is located in a building, in which an

installation was made, or repairs or a replacement was carried out, for which

eligible capital expenditures were incurred, or

(b) a dwelling unit that is affected by an installation made, or repairs or a

replacement carried out, in or on a residential property in which the

dwelling unit is located, for which eligible capital expenditures were

incurred.

(2) For certainty, the following are not eligible capital expenditures:

(a) capital expenditures described in section 23.1 (5);

(b) an amount equal to the value of a landlord’s labour for installations, repairs

or replacements described in section 23.1 (4).

[en. B.C. Reg. 174/2021, Sch. 1, s. 1.]

Annual rent increase

22 (1) In this section, “inflation rate” means the 12 month average percent change in

the all-items Consumer Price Index for British Columbia ending in the July that

is most recently available for the calendar year for which a rent increase takes

effect.

(2) Repealed.

[B.C. Reg. 184/2022, Sch. 2, s. 1.]

(3) For the purposes of section 43 (1) (a) of the Act, in relation to a rent increase with

an effective date on or after January 1, 2019, a landlord may impose a rent

increase that is no greater than the amount calculated as follows:

percentage amount = inflation rate.

(4) and (5) Repealed.

[B.C. Reg. 184/2022, Sch. 2, s. 1.]

[am. B.C. Regs. 234/2006, s. 17; 184/2018, Sch. 2; 184/2022, Sch. 2, s. 1.]

Rent increase – 2023

22.1 (1) Despite section 22, this section applies to a rent increase with an effective date on

or after January 1, 2023 and before January 1, 2024.

(2) The definition in section 22 (1) applies to this section.

(3) For the purposes of section 43 (1) (a) of the Act, in relation to a rent increase with

an effective date on or after January 1, 2023 and before January 1, 2024, a

landlord may impose a rent increase that is no greater than 2%.

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RESIDENTIAL TENANCY REGULATION

Part 4 – Rent Increases

10 Last amended September 11, 2023

(4) If a landlord has

(a) before September 9, 2022 given notice under section 42 of the Act for a rent

increase with an effective date on or after January 1, 2023 and before

January 1, 2024, and

(b) included in the notice a rent increase in an amount calculated in accordance

with section 22,

the landlord must give a second notice, before the effective date of the rent

increase in the notice described in paragraph (a) of this subsection, of the rent

increase in the applicable amount calculated in accordance with subsection (3) of

this section.

(5) For certainty, the notice period in section 42 (2) of the Act does not apply to the

second notice required under subsection (4) of this section.

(6) This section is repealed on January 1, 2024.

[en. B.C. Reg. 184/2022, Sch. 2, s. 2.]

Rent increase – 2024

22.2 (1) Despite section 22, this section applies to a rent increase with an effective date on

or after January 1, 2024 and before January 1, 2025.

(2) For the purposes of section 43 (1) (a) of the Act, in relation to a rent increase with

an effective date on or after January 1, 2024 and before January 1, 2025, a

landlord may impose a rent increase that is no greater than 3.5%.

(3) If a landlord has

(a) before September 11, 2023 given notice under section 42 of the Act for a

rent increase with an effective date on or after January 1, 2024 and before

January 1, 2025, and

(b) included in the notice a rent increase in the applicable amount calculated in

accordance with section 22 of this regulation,

the landlord must give a second notice, before the effective date of the rent

increase in the notice described in paragraph (a) of this subsection, of the rent

increase in the applicable amount calculated in accordance with subsection (2) of

this section.

(4) For certainty, the notice period in section 42 (2) of the Act does not apply to the

second notice required under subsection (3) of this section.

(5) This section is repealed on January 1, 2025.

[en. B.C. Reg. 207/2023, Sch. 2.]

Additional rent increase other than for

eligible capital expenditures

23 (1) A landlord may apply under section 43 (3) [additional rent increase] of the Act

for an additional rent increase, other than for eligible capital expenditures, if one

or more of the following apply:

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RESIDENTIAL TENANCY REGULATION

Part 4 – Rent Increases

Last amended September 11, 2023 11

(a) the landlord has incurred a financial loss from an extraordinary increase in

the operating expenses of the residential property;

(b) the landlord, acting reasonably, has incurred a financial loss for the

financing costs of purchasing the residential property, if the financing costs

could not have been foreseen under reasonable circumstances;

section or section 23.1 for the same rental unit.

(2) If the landlord applies for an increase under subsection (1) (a) or (b), the landlord

must make a single application to increase the rent for all rental units in the

residential property by an equal percentage.

(3) The director must consider the following in deciding whether to approve an

application for a rent increase under subsection (1):

(a) the rent payable for similar rental units in the residential property

immediately before the proposed increase is intended to come into effect;

(b) the rent history for the affected rental unit in the 3 years preceding the date

of the application;

residential property in which the rental unit is located in the 12 months

preceding the date of the application;

(d) a change in operating expenses and capital expenditures in the 3 years

preceding the date of the application that the director considers relevant and

reasonable;

(e) the relationship between the change described in paragraph (d) and the rent

increase applied for;

(f) Repealed.

[B.C. Reg. 174/2021, Sch. 1, s. 2 (c).]

(g) a finding by the director that the landlord has contravened section 32

[obligation to repair and maintain] of the Act;

(h) whether, and to what extent, an increase in costs with respect to repair or

maintenance of the residential property results from inadequate repair or

maintenance in a previous year;

(i) a rent increase or a portion of a rent increase previously approved under this

section that is reasonably attributable to the cost of performing a landlord’s

obligation that has not been fulfilled;

(j) whether the director has set aside a notice to end a tenancy within the

6 months preceding the date of the application;

(k) whether the director has found, in dispute resolution proceedings in relation

to an application under this section, that the landlord has

(i) submitted false or misleading evidence, or

(ii) failed to comply with an order of the director for the disclosure of

documents.

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Part 4 – Rent Increases

12 Last amended September 11, 2023

(4) In considering an application under subsection (1), the director may

(a) grant the application, in full or in part,

(b) refuse the application,

period of time, or

(d) order that the effective date of an increase granted under subsection (1) is

conditional on the landlord’s compliance with an order of the director

respecting the residential property.

(5) If the total amount of the additional rent increase approved under this section is

not applied within 12 months of the date the increase comes into effect, the

landlord must not carry forward the unused portion or add it to any future rent

increase, unless the director orders otherwise under subsection (4).

[am. B.C. Regs. 234/2006, s. 18; 225/2017, App. 2, s. 2; 174/2021, Sch. 1, s. 2.]

Additional rent increase for eligible capital expenditures

23.1 (1) Subject to subsection (2), a landlord may apply under section 43 (3) [additional

rent increase] of the Act for an additional rent increase in respect of a rental unit

that is a specified dwelling unit for eligible capital expenditures incurred in the

18-month period preceding the date on which the landlord makes the application.

(2) If the landlord made a previous application for an additional rent increase under

subsection (1) and the application was granted, whether in whole or in part, the

landlord must not make a subsequent application in respect of the same rental unit

for an additional rent increase for eligible capital expenditures until at least

18 months after the month in which the last application was made.

(3) If the landlord applies for an additional rent increase under this section, the

landlord must make a single application to increase the rent for all rental units on

which the landlord intends to impose the additional rent increase if approved.

(4) Subject to subsection (5), the director must grant an application under this section

for that portion of the capital expenditures in respect of which the landlord

establishes all of the following:

(a) the capital expenditures were incurred for one of the following:

(i) the installation, repair or replacement of a major system or major

component in order to maintain the residential property, of which the

major system is a part or the major component is a component, in a

state of repair that complies with the health, safety and housing

standards required by law in accordance with section 32 (1) (a)

[landlord and tenant obligations to repair and maintain] of the Act;

(ii) the installation, repair or replacement of a major system or major

component that has failed or is malfunctioning or inoperative or that

is close to the end of its useful life;

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(iii) the installation, repair or replacement of a major system or major

component that achieves one or more of the following:

(A) a reduction in energy use or greenhouse gas emissions;

(B) an improvement in the security of the residential property;

(b) the capital expenditures were incurred in the 18-month period preceding the

date on which the landlord makes the application;

5years.

(5) The director must not grant an application under this section for that portion of

capital expenditures in respect of which a tenant establishes that the capital

expenditures were incurred

(a) for repairs or replacement required because of inadequate repair or

maintenance on the part of the landlord, or

(b) for which the landlord has been paid, or is entitled to be paid, from another

source.

[en. B.C. Reg. 174/2021, Sch. 1, s. 3.]

Determination of amount of additional rent increase

for eligible capital expenditures

23.2 (1) If the director grants an application under section 23.1, the amount of the

additional rent increase that the landlord may impose for the eligible capital

expenditures is determined in accordance with this section.

(2) The director must

(a) divide the amount of the eligible capital expenditures incurred by the

number of specified dwelling units, and

(b) divide the amount calculated under paragraph (a) by 120.

(3) The landlord must multiply the sum of the rent payable in the year in which the

additional increase is to be imposed and the annual rent increase permitted to be

imposed under section 43 (1) (a) of the Act in that year by 3%.

(4) The landlord may only impose whichever is the lower amount of the 2 amounts

calculated under subsection (2) or (3).

[en. B.C. Reg. 174/2021, Sch. 1, s. 3.]

Imposition of additional rent increase

for eligible capital expenditures

23.3 (1) In this section:

“phase 1” means the first 12 months in which the additional rent increase may be

imposed to comply with the timing and notice requirements set out in section 42

[timing and notice of rent increases] of the Act;

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“phase 2” means the next 12 months after phase 1 in which the additional rent

increase may be imposed to comply with the timing and notice requirements set

out in section 42 of the Act;

“phase 3” means the next 12 months after phase 2 in which the additional rent

increase may be imposed to comply with the timing and notice requirements set

out in section 42 of the Act.

(2) An additional rent increase for eligible capital expenditures may only be imposed

(a) with the annual rent increase permitted to be imposed under section

43 (1) (a) of the Act, and

(b) subject to subsection (3), in the first 12 months in which it may be imposed

to comply with the timing and notice requirements set out in section 42 of

the Act.

(3) If the amount calculated under section 23.2 (2) is higher than the amount that the

landlord may impose under section 23.2 (4), the additional rent increase for

eligible capital expenditures may only be imposed in up to 3 phases as follows:

(a) the landlord may impose the amount determined under section 23.2 (4) as

an additional rent increase in phase 1;

(b) the landlord may impose the amount calculated in accordance with

subsection (4) of this section as an additional rent increase in phase 2;

subsection (5) as an additional rent increase in phase 3.

(4) The additional rent increase that the landlord may impose in phase 2 is the lower

of the 2 following amounts:

(a) the amount calculated under section 23.2 (2) minus the amount the landlord

was permitted to impose under section 23.2 (4);

(b) the sum of the following multiplied by 3%:

(i) the rent payable in phase 2;

(ii) the amount of the annual rent increase permitted to be imposed under

section 43 (1) (a) of the Act at the time the additional rent increase for

eligible capital expenditures for phase 2 is imposed.

(5) The additional rent increase that the landlord may impose in phase 3 is the lower

of the 2 following amounts:

(a) the amount calculated under section 23.2 (2) minus the sum of the

following:

(i) the amount the landlord was permitted to impose under

section 23.2 (4);

(ii) the amount calculated under subsection (4) (b) of this section;

(b) the sum of the following multiplied by 3%:

(i) the rent payable in phase 3;

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(ii) the amount of the annual rent increase permitted to be imposed under

section 43 (1) (a) of the Act at the time the additional rent increase for

eligible capital expenditures for phase 3 is imposed.

(6) If the amount of the additional rent increase approved under section 23.1 is not

imposed in accordance with subsection (2) or (3) of this section, as applicable,

the landlord must not carry forward the unused portion or add it to any future rent

increase.

(7) A landlord

(a) may impose only one additional rent increase approved under section 23.1

at one time, and

(b) must impose additional rent increases approved under section 23.1 in the

order of applications approved under that section and, in relation to each

application approved, in the order of the applicable phases.

(8) For certainty, if an additional rent increase approved under section 23.1 is

imposed in phases, the landlord may not omit imposing the additional rent

increases in one of the phases in order to impose an additional rent increase

subsequently approved under that section.

(9) If a tenant vacates a rental unit before one of the additional rent increases is

imposed, the landlord must not impose that additional rent increase on the new

tenant of the rental unit.

[en. B.C. Reg. 174/2021, Sch. 1, s. 3; am. B.C. Reg. 174/2021, Sch. 3.]

Combination of rent increases

23.4 (1) A landlord may impose

(a) an annual rent increase under section 22 and an additional rent increase

under section 23, or

(b) an annual rent increase under section 22 and an additional rent increase

under section 23.1.

(2) For certainty, a landlord may not at the same time impose an additional rent

increase approved under section 23 and an additional rent increase approved

under section 23.1.

[en. B.C. Reg. 174/2021, Sch. 1, s. 3.]

PART 5 – ABANDONMENT OF PERSONAL PROPERTY

Abandonment of personal property

24 (1) A landlord may consider that a tenant has abandoned personal property if

(a) the tenant leaves the personal property on residential property that the

tenant has vacated after the tenancy agreement has ended, or

(b) subject to subsection (2), the tenant leaves the personal property on

residential property

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(i) that, for a continuous period of one month, the tenant has not

ordinarily occupied and for which the tenant has not paid rent, or

(ii) from which the tenant has removed substantially all of the tenant’s

personal property.

(2) The landlord is entitled to consider the circumstances described in

paragraph (1) (b) as abandonment only if

(a) the landlord receives an express oral or written notice of the tenant’s

intention not to return to the residential property, or

(b) the circumstances surrounding the giving up of the rental unit are such that

the tenant could not reasonably be expected to return to the residential

property.

(3) If personal property is abandoned as described in subsections (1) and (2), the

landlord may remove the personal property from the residential property, and on

removal must deal with it in accordance with this Part.

(4) Subsection (3) does not apply if a landlord and tenant have made an express

agreement to the contrary respecting the storage of personal property.

[am. B.C. Reg. 64/2021, ss. 2 and 3.]

Landlord’s obligations

25 (1) The landlord must

(a) store the tenant’s personal property in a safe place and manner for a period

of not less than 60 days following the date of removal,

(b) keep a written inventory of the property,

date of disposition, and

(d) advise a tenant or a tenant’s representative who requests the information

either that the property is stored or that it has been disposed of.

(2) Despite paragraph (1) (a), the landlord may dispose of the property in a commer-

cially reasonable manner if the landlord reasonably believes that

(a) the property has a total market value of less than $500,

(b) the cost of removing, storing and selling the property would be more than

the proceeds of its sale, or

(3) A court may, on application, determine the value of the property for the purposes

of subsection (2).

Tenant’s claim for abandoned property

26 (1) If a tenant claims the tenant’s personal property at any time before it is disposed

of under section 25 or 29 [disposal of personal property], the landlord may,

before returning the property, require the tenant to

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(a) reimburse the landlord for the landlord’s reasonable costs of

(i) removing and storing the property, and

(ii) a search required to comply with section 27 [notice of disposition],

and

(b) satisfy any amounts payable by the tenant to the landlord under this Act or

a tenancy agreement.

(2) If a tenant makes a claim under subsection (1), but does not pay the landlord the

amount owed, the landlord may dispose of the property as provided by this Part.

[am. B.C. Reg. 64/2021, s. 8.]

Notice of disposition

27 (1) For the purposes of this section:

“financing statement” has the same meaning as in the Personal Property Security

Act;

“security interest” has the same meaning as in the Personal Property Security Act;

“serial number” has the same meaning as in section 10 [collateral described by

serial number] of the Personal Property Security Regulation made under the

Personal Property Security Act.

(2) Not less than 30 days before disposing of an item of personal property referred to

in section 24, the landlord must

(a) give notice of disposition to any person who

(i) has registered a financing statement in the Personal Property Registry

using the name of the tenant or the serial number of the property, and

(ii) to the knowledge of the landlord, claims an interest in the property,

and

(b) publish the notice in a newspaper published in the area in which the

residential property is situated.

(3) The notice referred to in subsection (2) must contain

(a) the name of the tenant,

(b) a description of the property to be sold,

(d) the name and address of the landlord, and

(e) a statement that the landlord will dispose of the property unless the person

being notified takes possession of the property, establishes a right to

possession of it or makes an application to the court to establish such a right

within 30 days from the date the notice is served on that person.

(4) The notice referred to in subsection (2) must be given in accordance with

section 72 [service of statements, notices and demands] of the Personal Property

Security Act.

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Holder of a security interest

28 (1) When a notice referred to in section 27 (2) has been served on a person who holds

a security interest, the tenant is deemed to be in default of the obligation secured.

(2) Before taking possession of the property, the person who holds a security interest

must pay to the landlord moving and storage charges incurred by the landlord

under this Part.

Disposal of personal property

29 (1) For the purposes of this section, “administrator” has the same meaning as in the

Unclaimed Property Act.

(2) If a landlord has complied with section 25 [landlord’s obligations], the landlord

may dispose of the property in a commercially reasonable manner unless, during

the 60 days referred to in that section,

(a) a person referred to in section 27 (2) [person entitled to notice of dispo-

sition] who has been given a notice as provided in that section has taken or

demanded possession of the property,

(b) a person who holds a security interest in the property has taken or demanded

possession of the property, or

subsection (7) or has brought an action to establish the person’s interest in

or right to possession of the property and the landlord has been notified of

the application or action.

(3) If a landlord disposes of personal property under subsection (2), the landlord may

retain proceeds of the sale sufficient to

(a) reimburse the landlord for the landlord’s reasonable costs of

(i) removing, storing, advertising and disposing of the property, and

(ii) a search required to comply with section 27 [notice of disposition],

and

(b) satisfy any amounts payable by the tenant to the landlord under this Act or

a tenancy agreement.

(4) If any amount remains after payments are made under subsection (3), the landlord

must pay the balance to the administrator, who must follow the procedure for an

unclaimed money deposit set out in the Unclaimed Property Act.

(5) If a landlord pays money to the administrator under this section, the landlord

must give the administrator a copy of the inventory of the personal property

disposed of and written particulars of the disposition.

(6) The purchaser of personal property disposed of in accordance with this Part

acquires a marketable title free of all encumbrances on payment of the taxes

owing in relation to the personal property or the sale.

(7) On the application of an interested person, a court may make an order

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(a) prohibiting or postponing disposition of the property under this section on

any conditions the court considers appropriate,

(b) determining the right of a person claiming an interest in or right to

possession of the property or the right of the landlord to dispose of it, or

[am. B.C. Regs. 234/2006, s. 19; 64/2021, ss. 2 and 3.]

Landlord’s duty of care

30 When dealing with a tenant’s personal property under this Part, a landlord must

exercise reasonable care and caution required by the nature of the property and the

circumstances to ensure that the property does not deteriorate and is not damaged, lost

or stolen as a result of an inappropriate method of removal or an unsuitable place of

storage.

31 Repealed.

[B.C. Reg. 234/2006, s. 20.]

PART 6 – PENALTIES

Offence penalties

32 A person who contravenes any of the following sections commits an offence and is

liable on conviction to a fine of not more than $5 000:

(a) section 5 (1) [guest fee prohibited];

(b) section 6 (2) [fee for sole means of access prohibited];

(d) section 12 [disclosure and form of agreement];

(e) section 13 (1) [agreement must include standard terms].

[am. B.C. Reg. 234/2006, s. 21.]

Opportunity to be heard

33 (1) An opportunity to be heard provided for the purposes of section 87.3 (2) (a) of

the Act may be, as the director considers appropriate in the circumstances,

(a) in writing, including by facsimile transmission or electronic mail,

(b) in person, or

means, if available.

(2) The director must give notice of an opportunity under subsection (1), which

notice must include the following information:

(a) the provision of the Act or regulations the person is alleged to have

contravened or the decision or order of the director with which the person

is alleged to have failed to comply and the particulars of the alleged contra-

vention or failure;

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(b) the due date for written submissions or the time, date, place and manner of

hearing.

(3) A notice under subsection (2) must be given not less than 21 days before the due

date of a submission under subsection (1) (a) or the date of a hearing under

subsection (1) (b) or (c).

(4) On application, the director may change a time or date specified under

subsection (2) (b).

[en. B.C. Reg. 60/2008, Sch. s. 2; am. B.C. Reg. 19/2020, s. 2.]

Consequences of failing to appear or provide submissions

34 If a person who is given notice under section 33 (2) of this regulation fails to provide

submissions or to appear when required by the notice or under section 33 (4), as

applicable, the director may proceed without further notice to make an order under

section 87.3 of the Act in respect of the person.

[en. B.C. Reg. 60/2008, Sch. s. 2; am. B.C. Reg. 19/2020, s. 3.]

Payment of administrative monetary penalty

35 An administrative penalty must be paid within 60 days after the date of the order under

section 87.3 of the Act to which it relates.

[en. B.C. Reg. 60/2008, Sch. s. 2; am. B.C. Reg. 19/2020, s. 3.]

Limitation period for administrative penalties

36 (1) A notice under section 33 (2) must not be sent more than 2 years after the facts

on which it is based first came to the knowledge of the director.

(2) A document purporting to have been issued by the director, certifying the date on

which the director became aware of the facts referred to in subsection (1),

(a) is admissible without proof of the signature or official character of the

person appearing to have signed the certificate, and

(b) is proof of the certified date unless there is evidence to the contrary.

[en. B.C. Reg. 60/2008, Sch. s. 2.]

Agreement terms

37 (1) An agreement under section 87.3 (4) of the Act must set out the following

information:

(a) the names and addresses of both parties;

(b) the date of the agreement;

Act occurred or in respect of which the decision or order referred to in

section 87.3 (1) (b) of the Act was made.

(2) An agreement under section 87.3 of the Act must include the following terms and

conditions:

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(a) the actions the person liable for the administrative penalty will take under

the agreement;

(b) the date by which those actions must be carried out;

administrative penalty will be cancelled, if those actions are carried out by

that date;

(d) that the full amount of the administrative penalty imposed under

section 87.3 of the Act is payable on the date under paragraph (b) if the

actions are not carried out as required or by that date.

[en. B.C. Reg. 60/2008, Sch. s. 2; am. B.C. Reg. 19/2020, s. 4.]

PART 7 – END OF FIXED TERM TENANCY

Definitions

38 In this Part:

“confirmation statement” means a statement made for the purposes of section

45.2 (1) [confirmation of eligibility] of the Act;

“family violence confirmation statement” means a confirmation statement that

confirms a tenant’s eligibility, under section 45.1 (2) (a) (i) [eligibility to end

fixed term tenancy] of the Act, to end a fixed term tenancy;

“household violence confirmation statement” means a confirmation statement

that confirms a tenant’s eligibility, under section 45.1 (2) (a) (ii) of the Act, to

end a fixed term tenancy;

“long-term care confirmation statement” means a confirmation statement that

confirms a tenant’s eligibility, under section 45.1 (2) (b) or (c) of the Act, to end

a fixed term tenancy.

[en. B.C. Reg. 278/2016, Sch. s. 5; am. B.C. Reg. 116/2020, s. (a).]

Eligibility to confirm risk of family violence

39 The following persons may make family violence confirmation statements and

household violence confirmation statements:

(a) a person who

(i) is an employee of an organization that receives funding, for the

purpose of providing support or services, from either

(A) the department of the ministry of the minister responsible for

the Victims of Crime Act that administers programs with respect

to victim services, or

(B) the British Columbia Housing Management Commission, and

(ii) provides support or services to persons who are at risk of, are or may

be, experiencing violence;

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22 Last amended September 11, 2023

(b) a person designated by a director under the Child, Family and Community

Service Act to exercise duties in respect of child welfare;

British Columbia;

(d) an employee of the government who is responsible for duties as a victim

court support caseworker;

(e) an employee of an organization that receives funding from the government

of British Columbia or of Canada for the purpose of providing settlement

and integration services to permanent or temporary residents, or naturalized

citizens;

(f) a medical practitioner;

(g) a nurse practitioner;

(h) a registered nurse who is authorized by the British Columbia College of

Nurses and Midwives to practise nursing;

(i) a registered psychiatric nurse or psychiatric nurse who is authorized by the

British Columbia College of Nurses and Midwives to practise psychiatric

nursing;

(j) a registered psychologist who is authorized by the College of Psychologists

of British Columbia to practise psychology;

(k) a member of the BC Association of Clinical Counsellors who is designated

by that group as a Registered Clinical Counsellor;

(l) a social worker who is authorized by the British Columbia College of Social

Workers to practise social work;

(m) a lawyer who is authorized by the Law Society of British Columbia to

practise law;

(n) an employee of an institution or a university within the meaning of the

College and Institute Act who is responsible for providing counselling

services to students;

(o) an employee of

(i) an aboriginal organization who is responsible for duties as a family

support worker, executive director, aboriginal court worker or

aboriginal justice worker, or

(ii) a first nation or the Métis Nation British Columbia who is responsible

for providing support or services in respect of children, families,

justice, housing or health.

[en. B.C. Reg. 278/2016, Sch. s. 5; am. B.C. Regs. 152/2018, s. 7; 116/2020, s. (b); 206/2020,

s. 13.]

Eligibility to confirm need for long-term care

40 The following persons may make a long-term care confirmation statement:

(a) a medical practitioner;

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(b) the manager of a long-term care facility, being a person responsible for the

operation of, or admissions to, the facility;

(i) referred to in section 39 (g) to (j) or (l) or is an occupational therapist

who is authorized by the College of Occupational Therapists of

British Columbia to practise occupational therapy, and

(ii) designated for this purpose by a board within the meaning of the

Health Authorities Act.

[en. B.C. Reg. 278/2016, Sch. s. 5.]

Assessments

41 A person who may make a confirmation statement

(a) may make the confirmation statement only after assessing the tenant and the

tenant’s circumstances and, if applicable in respect of household violence,

the occupant and the occupant’s circumstances, and

(b) must make the confirmation statement based on

(i) the standards of their profession or the generally accepted practices

of their professional role, and

(ii) relevant knowledge and professional judgment.

[en. B.C. Reg. 278/2016, Sch. s. 5; am. B.C. Reg. 116/2020, s. (c).]

Confirmation statements

42 (1) A person who makes a confirmation statement must keep the confirmation

statement, its contents and the tenant’s, occupant’s or tenant’s and occupant’s

circumstances, as applicable, confidential, providing the confirmation statement

to the following persons only:

(a) the tenant;

(b) a person authorized to receive the confirmation statement under

(i) the terms of an express written consent provided by the tenant,

(ii) the terms of an agreement with the tenant, made under the Represen-

tation Agreement Act, the Power of Attorney Act or another

enactment,

(iii) the terms of an order of a court, or

(iv) an enactment.

(2) A person who makes a confirmation statement may provide the confirmation

statement only as follows:

(a) personally;

(b) by mail, whether registered or not;

(3) A confirmation statement may be used as follows:

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24 Last amended September 11, 2023

(a) for the purposes of section 45.1 (2) (a) [eligibility to end fixed term tenancy]

of the Act, only if the statement is made within 90 days before its intended

use under section 45.1 (3) of the Act;

(b) for the purposes of section 45.1 (2) (b) or (c) of the Act, only if the statement

is made within 180 days before its intended use under section 45.1 (3) of the

Act.

(4) A landlord who receives a confirmation statement must keep the confirmation

statement and its contents confidential.

[en. B.C. Reg. 278/2016, Sch. s. 5; am. B.C. Reg. 116/2020, s. (d).]

PART 8 – GIVING AND SERVING DOCUMENTS

Other means of giving or serving documents

43 (1) For the purposes of section 88 (j) [how to give or serve documents generally] of

the Act, the documents described in section 88 of the Act may be given to or

served on a person by emailing a copy to an email address provided as an address

for service by the person.

(2) For the purposes of section 89 (1) (f) [special rules for certain documents] of the

Act, the documents described in section 89 (1) of the Act may be given to a

person by emailing a copy to an email address provided as an address for service

by the person.

(3) For the purposes of section 89 (2) (f) of the Act, the documents described in

section 89 (2) of the Act may be given to a tenant by emailing a copy to an email

address provided as an address for service by the tenant.

[en. B.C. Reg. 42/2021, App. 2.]

When documents are considered to be received

44 A document given or served by email in accordance with section 43, unless earlier

received, is deemed to be received on the third day after it is emailed.

[en. B.C. Reg. 42/2021, App. 2.]

SCHEDULE

[am. B.C. Regs. 234/2006, s. 22; 223/2015, App. 3, s. 9; 278/2016, Sch. ss. 6 and 7; 225/2017, App. 2, s. 3; 64/2021,

s. 3; 174/2021, Sch. 1, s. 4.]

Application of the Residential Tenancy Act

1 (1) The terms of this tenancy agreement and any changes or additions to the terms

may not contradict or change any right or obligation under the Residential

Tenancy Act or a regulation made under that Act, or any standard term. If a term

of this tenancy agreement does contradict or change such a right, obligation or

standard term, the term of the tenancy agreement is void.

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Schedule

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(2) Any change or addition to this tenancy agreement must be agreed to in writing

and initialed by both the landlord and the tenant. If a change is not agreed to in

writing, is not initialed by both the landlord and the tenant or is unconscionable,

it is not enforceable.

(3) The requirement for agreement under subsection (2) does not apply to the

following:

(a) a rent increase given in accordance with the Residential Tenancy Act;

(b) a withdrawal of, or a restriction on, a service or facility in accordance with

the Residential Tenancy Act;

director that the agreement of the other is not required.

Security deposit and pet damage deposit

2 (1) The landlord agrees

(a) that the security deposit and pet damage deposit must each not exceed one

half of the monthly rent payable for the residential property,

(b) to keep the security deposit and pet damage deposit during the tenancy and

pay interest on it in accordance with the regulation, and

tenant within 15 days of the end of the tenancy agreement, unless

(i) the tenant agrees in writing to allow the landlord to keep an amount

as payment for unpaid rent or damage, or

(ii) the landlord makes an application for dispute resolution under the

Residential Tenancy Act within 15 days of the end of the tenancy

agreement to claim some or all of the security deposit or pet damage

deposit.

(2) The 15 day period starts on the later of

(a) the date the tenancy ends, or

(b) the date the landlord receives the tenant’s forwarding address in writing.

(3) If a landlord does not comply with subsection (1), the landlord

(a) may not make a claim against the security deposit or pet damage deposit,

and

(b) must pay the tenant double the amount of the security deposit, pet damage

deposit, or both.

(4) The tenant may agree to use the security deposit and interest as rent only if the

landlord gives written consent.

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Pets

3 Any term in this tenancy agreement that prohibits, or restricts the size of, a pet or that

governs the tenant’s obligations regarding the keeping of a pet on the residential

property is subject to the Guide Dog and Service Dog Act.

Condition inspections

4 (1) In accordance with sections 23 and 35 [condition inspections] of the Act and

Part 3 [Condition Inspections] of the regulation, the landlord and tenant must

inspect the condition of the rental unit together

(a) when the tenant is entitled to possession,

(b) when the tenant starts keeping a pet during the tenancy, if a condition

inspection was not completed at the start of the tenancy, and

(2) The landlord and tenant may agree on a different day for the condition inspection.

(3) The right of the landlord to claim against a security deposit or a pet damage

deposit, or both, for damage to residential property is extinguished if the landlord

does not perform the landlord’s obligations under sections 23 and 35 of the

Residential Tenancy Act.

(4) A right of the tenant to the return of a security deposit or a pet damage deposit,

or both, is extinguished if the tenant fails to perform the tenant’s obligations

under sections 23 and 35 of the Residential Tenancy Act.

Payment of rent

5 (1) The tenant must pay the rent on time, unless the tenant is permitted under the Act

to deduct from the rent. If the rent is unpaid, the landlord may issue a notice to

end a tenancy to the tenant, which may take effect not earlier than 10 days after

the date the tenant receives the notice.

(2) The landlord must not take away or make the tenant pay extra for a service or

facility that is already included in the rent, unless a reduction is made under

section 27 (2) of the Act.

(3) The landlord must give the tenant a receipt for rent paid in cash.

(4) The landlord must return to the tenant on or before the last day of the tenancy any

post-dated cheques for rent that remain in the possession of the landlord. If the

landlord does not have a forwarding address for the tenant and the tenant has

vacated the premises without notice to the landlord, the landlord must forward

any post-dated cheques for rent to the tenant when the tenant provides a

forwarding address in writing.

Rent increase

6 (1) Once a year, except during the period that starts on March 30, 2020 and ends on

December 31, 2021, the landlord may increase the rent for the existing tenant.

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The landlord may only increase the rent 12 months after the date that the existing

rent was established with the tenant or 12 months after the date of the last legal

rent increase for the tenant, even if there is a new landlord or a new tenant by way

of an assignment. The landlord must use the approved Notice of Rent Increase

form available from any Residential Tenancy office or Government Agent.

(2) A landlord must give a tenant 3 whole months notice, in writing, of a rent

increase.

[For example, if the rent is due on the 1st of the month and the tenant is given

notice any time in January, including January 1st, there must be 3 whole months

before the increase begins. In this example, the months are February, March and

April, so the increase would begin on May 1st.]

(3) The landlord may increase the rent only in the amount set out by the regulation.

If the tenant thinks the rent increase is more than is allowed by the regulation, the

tenant may talk to the landlord or contact the Residential Tenancy office for

assistance.

(4) Either the landlord or the tenant may obtain the percentage amount prescribed for

a rent increase from the Residential Tenancy office.

Assign or sublet

7 (1) The tenant may assign or sublet the rental unit to another person with the written

consent of the landlord. If this is a fixed term tenancy agreement and there are

6 months or more remaining in the term, the landlord must not unreasonably

withhold consent. Under an assignment a new tenant must assume all of the rights

and obligations under the existing tenancy agreement, at the same rent. The

landlord must not charge a fee or receive a benefit, directly or indirectly, for

giving this consent.

(2) If a landlord unreasonably withholds consent to assign or sublet or charges a fee,

the tenant may make an application for dispute resolution under the Residential

Tenancy Act.

Repairs

8 (1) Landlord’s obligations:

(a) The landlord must provide and maintain the residential property in a

reasonable state of decoration and repair, suitable for occupation by a

tenant. The landlord must comply with health, safety and housing standards

required by law.

(b) If the landlord is required to make a repair to comply with the above obliga-

tions, the tenant may discuss it with the landlord. If the landlord refuses to

make the repair, the tenant may make an application for dispute resolution

under the Residential Tenancy Act seeking an order of the director for the

completion and costs of the repair.

(2) Tenant’s obligations:

Consolidation current to September 28, 2023

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(a) The tenant must maintain reasonable health, cleanliness and sanitary

standards throughout the rental unit and the other residential property to

which the tenant has access. The tenant must take the necessary steps to

repair damage to the residential property caused by the actions or neglect of

the tenant or a person permitted on the residential property by that tenant.

The tenant is not responsible for repairs for reasonable wear and tear to the

residential property.

(b) If the tenant does not comply with the above obligations within a reasonable

time, the landlord may discuss the matter with the tenant and may make an

application for dispute resolution under the Residential Tenancy Act seeking

an order of the director for the cost of repairs, serve a notice to end a

tenancy, or both.

(3) Emergency repairs:

(a) The landlord must post and maintain in a conspicuous place on the

residential property, or give to the tenant in writing, the name and telephone

number of the designated contact person for emergency repairs.

(b) If emergency repairs are required, the tenant must make at least two

attempts to telephone the designated contact person, and then give the

landlord reasonable time to complete the repairs.

repairs, and claim reimbursement from the landlord, provided a statement

of account and receipts are given to the landlord. If the landlord does not

reimburse the tenant as required, the tenant may deduct the cost from rent.

The landlord may take over completion of the emergency repairs at any

time.

(d) Emergency repairs must be urgent and necessary for the health and safety

of persons or preservation or use of the residential property and are limited

to repairing

(i) major leaks in pipes or the roof,

(ii) damaged or blocked water or sewer pipes or plumbing fixtures,

(iii) the primary heating system,

(iv) damaged or defective locks that give access to a rental unit, or

(v) the electrical systems.

Occupants and guests

9 (1) The landlord must not stop the tenant from having guests under reasonable

circumstances in the rental unit.

(2) The landlord must not impose restrictions on guests and must not require or

accept any extra charge for daytime visits or overnight accommodation of guests.

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(2.1) Despite subsection (2) of this section but subject to section 27 [terminating or

restricting services or facilities] of the Act, the landlord may impose reasonable

restrictions on guests’ use of common areas of the residential property.

(3) If the number of occupants in the rental unit is unreasonable, the landlord may

discuss the issue with the tenant and may serve a notice to end a tenancy. Disputes

regarding the notice may be resolved by applying for dispute resolution under the

Residential Tenancy Act.

Locks

10 (1) The landlord must not change locks or other means of access to residential

property unless the landlord provides each tenant with new keys or other means

of access to the residential property.

(2) The landlord must not change locks or other means of access to a rental unit

unless the tenant agrees and is given new keys.

(3) The tenant must not change locks or other means of access to

(a) common areas of residential property, unless the landlord consents to the

change, or

(b) the tenant’s rental unit, unless the landlord agrees in writing to, or the

director has ordered, the change.

Landlord’s entry into rental unit

11 (1) For the duration of this tenancy agreement, the rental unit is the tenant’s home

and the tenant is entitled to quiet enjoyment, reasonable privacy, freedom from

unreasonable disturbance, and exclusive use of the rental unit.

(2) The landlord may enter the rental unit only if one of the following applies:

(a) at least 24 hours and not more than 30 days before the entry, the landlord

gives the tenant a written notice which states

(i) the purpose for entering, which must be reasonable, and

(ii) the date and the time of the entry, which must be between 8 a.m. and

9 p.m. unless the tenant agrees otherwise;

(b) there is an emergency and the entry is necessary to protect life or property;

more than 30 days before the entry;

(d) the tenant has abandoned the rental unit;

(e) the landlord has an order of the director or of a court saying the landlord

may enter the rental unit;

(f) the landlord is providing housekeeping or related services and the entry is

for that purpose and at a reasonable time.

(3) The landlord may inspect the rental unit monthly in accordance with

subsection (2) (a).

Consolidation current to September 28, 2023

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(4) If a landlord enters or is likely to enter the rental unit illegally, the tenant may

make an application for dispute resolution under the Residential Tenancy Act

seeking an order of the director to change the locks, keys or other means of access

to the rental unit and prohibit the landlord from obtaining entry into the rental

unit. At the end of the tenancy, the tenant must give the key to the rental unit to

the landlord.

Ending the tenancy

12 (1) The tenant may end a monthly, weekly or other periodic tenancy by giving the

landlord at least one month’s written notice. A notice given the day before the

rent is due in a given month ends the tenancy at the end of the following month.

[For example, if the tenant wants to move at the end of May, the tenant must make

sure the landlord receives written notice on or before April 30th.]

(2) This notice must be in writing and must

(a) include the address of the rental unit,

(b) include the date the tenancy is to end,

(d) include the specific grounds for ending the tenancy, if the tenant is ending

a tenancy because the landlord has breached a material term of the tenancy.

(3) If this is a fixed term tenancy and the agreement does not require the tenant to

vacate at the end of the tenancy, the agreement is renewed as a monthly tenancy

on the same terms until the tenant gives notice to end a tenancy as required under

the Residential Tenancy Act.

(4) The landlord may end the tenancy only for the reasons and only in the manner set

out in the Residential Tenancy Act and the landlord must use the approved notice

to end a tenancy form available from the Residential Tenancy office.

(5) The landlord and tenant may mutually agree in writing to end this tenancy

agreement at any time.

(6) The tenant must vacate the residential property by 1 p.m. on the day the tenancy

ends, unless the landlord and tenant otherwise agree.

Landlord to give tenancy agreement to tenant

13 The landlord must give the tenant a copy of this agreement promptly, and in any event

within 21 days of entering into the agreement.

Dispute resolution

14 Either the tenant or the landlord has the right to make an application for dispute

resolution, as provided under the Residential Tenancy Act.

Consolidation current to September 28, 2023