Amendments to the RTA Effective September 1, 2021

Effective September 1, 2021, Bill 184 made changes and additions to the Residential Tenancies Act that will affect both landlords and tenants. Pursuant to these amendments, the LTB will also be changing forms, instructions, guidelines, and rules of procedures.

COMPENSATION FOR TENANT

Currently Section 57states a former tenant may file an application with the Landlord and Tenant Board if the former tenant believes the landlord gave the eviction notice in bad faith.

If a landlord wants to terminate a tenancy for personal use, the landlord must serve a notice on the tenant at least 60 days before the termination date and at least 120 days before the termination date for demolition, renovation or conversion. The termination date must be the last day of a fixed term tenancy. If there is no fixed term, the last day of the rental period. In addition to giving the notice to the tenant, the landlord must compensate the tenant in an amount equal to one month’s rent or provide another rental unit acceptable to the tenant.

After the tenant vacates the premises, if the landlord or the purchaser fails to move into the unit, or the landlord fails to demolish, renovate or convert the unit, the tenant may file a new T5 application with the Board based on the landlord acting in bad faith.

Further, new penalties have been introduced. Section 57(3) will authorize the Board to order landlords to pay compensation of up to 12 months’ of rent at the tenant’s new rental rate.

EXTENDED LIMITATION PERIOD

Previously, Section 57.1(2) allowed a tenant to file an application within one year if the tenancy was terminated because the landlord planned to do repairs. A tenant can exercise the option to move back into the rental when repairs are completed provided written notice was given to the landlord. Should the landlord deny the tenant their right to move back into the unit, the tenant may proceed with a T5 application within one year. The changes have extended the limitation period from one year to two years for a tenant to file an application with the board.

APPLICATIONS FOR ORDER TERMINATING THE TENANCY UNDER S. 69

When a landlord files an eviction application based on a notice to end tenancy, the landlord must submit an affidavit or declaration by the person intending to move into the unit at a hearing. New section 71.1 has been added to set out what is required when a landlord decides to file an application pursuant to section 69.

LANDLORD’S APPLICATION AND AFFIDAVIT REQUIREMENT

Previously, when a landlord filed an eviction application based on an N12 notice, the landlord would submit an affidavit or declaration by the person intending to move into the unit at the hearing. Section 71.1(1) requires that the affidavit or declaration must be provided when the landlord submits the application based on notice under section 48 or 49.

New section 71.1 (3) requires the landlord must provide the details whether or not the landlord has given any N12 or N13 notice to the any rental units within two years prior to filing the application.

APPLICATIONS BY LANDLORD FOR COMPENSATION AGAINST FORMER TENANTS

In the past, Sections 87 and 89 permitted a landlord to file an application claiming compensation to the LTB if the tenant is still residing in the rental unit after the eviction date. If the landlord failed to apply to the Landlord and Tenant Board before the tenant vacated the unit, the landlord would be required to file a claim with the Small Claims Court instead. Amendments will allow the landlord to file an application with the Board within one year after the tenant gives up possession of the rental unit.

With the amendments, section 88.1 allows a landlord to file an application for interference of reasonable enjoyment to claim compensation for reasonable out-of-pocket expenses incurred as a result of the tenant’s actions in the Landlord and Tenant Board within one year of the date that the tenant vacated the property.

Previously, compensation for expenses due to the tenant’s failure to pay utilities must be pursued through the Small Claims Court. New section 88.2 allows a landlord to file application for unpaid utility expenses with the Landlord and Tenant Board.

If you have any questions regarding the Landlord and Tenant Board or changes to the Residential Tenancies Act, contact DC Paralegals today at 519-208-9797.