Difference between revisions of "Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)"

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{{REVIEWED LSLAP | date= August 2, 2023}}
 
{{REVIEWED LSLAP | date= September 7, 2020}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


== '''A. General''' ==
== '''A. General''' ==
 
In 2004, the Manufactured Home Park Tenancy Act, (MHPTA)was given effect in order to meet the unique needs of landlords of manufactured home parks and owners of manufactured homes who rent the site on which their homes sit. If one rent both the manufactured home and the pad it sits on, the tenant is covered by the RTA, and therefore has the same legal rights as other tenants in British Columbia.
 
 
A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the Manufactured Home Park Tenancy Regulations.
 


== '''B. Definitions''' ==
The ''Manufactured Home Park Tenancy Act, (MHPTA)'' applies to owners of manufactured home parks and owners of manufactured homes who rent the sites on which their homes sit. The ''MHPTA'' only applies if a tenant only rents the site or “pad” that their manufactured home sits on. If the tenant rents both the pad and the home itself from an owner, then they are covered by the ''RTA'', not the ''MHPTA''.


A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the ''Manufactured Home Park Tenancy Regulations''.


=== '''1. Common Area''' ===
== '''B. Definitions''' ==


=== '''1. Common Area''' ===


A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.
A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.


:NOTE: Between March 30th, 2020 and  June 23rd, 2020, section 16 of Ministerial Order 89 of 2020 allowed landlords to restrict access to common areas of the manufactured home park by tenants and their guests to protect the health of themselves, a tenant, an occupant, or a guest, to comply with an order by the governments of Canada, BC, or the municipalities under the Emergency Program Act or to follow the guidelines of BC Centre for Disease Control or the Public Health Agency of Canada. Between June 24th, 2020 and when the BC Provincial State of Emergency expires or is cancelled, section 11 of Ministerial Order 195 of 2020 prevents the director from granting an order that reduces the rent or any other order of monetary compensation resulting from the termination or restriction of access unless the director already held a hearing on an application for dispute resolution for this reason. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.
=== '''2. Landlord''' ===
 
=== '''2. Landlord''' ===
 
 
Includes the owner of the manufactured home site; the owner’s agent or another person who permits occupation of the manufactured home site under a tenancy agreement on the landlord’s behalf; the owner’s heirs, assignees, personal representatives and successors in title; a person, other than a tenant whose manufactured home occupies the manufactured home site, who is entitled to possession of the manufactured home site and exercises any of a landlord’s rights under a tenancy agreement or the MHPTA in relation to the manufactured home site.
 
 
=== '''3. Manufactured Home''' ===
 


Means a structure, whether or not ordinarily equipped with wheels, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and used or intended to be used as living accommodation.
Includes the owner of the manufactured home site; the owner’s agent or another person who permits occupation of the manufactured home site under a tenancy agreement on the landlord’s behalf; the owner’s heirs, assignees, personal representatives and successors in title; a person, other than a tenant whose manufactured home occupies the manufactured home site, who is entitled to possession of the manufactured home site and exercises any of a landlord’s rights under a tenancy agreement or the ''MHPTA'' in relation to the manufactured home site.


=== '''3. Manufactured Home''' ===


=== '''4. Manufactured Home Site''' ===
Means a structure that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and used or intended to be used as a living accommodation regardless of if it is equipped with wheels.


=== '''4. Manufactured Home Site''' ===


This is a site in a manufactured home park, rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home.
This is a site in a manufactured home park, rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home.


=== '''5. Cannabis''' ===


=== '''5. Cannabis''' ===
With the legalization of cannabis in BC, changes to the ''MHPTA'' were implemented around growing and smoking cannabis.
 
 
With the legalization of cannabis in BC, changes to the MHPTA were implemented around growing and smoking cannabis.
 
 
*If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (MHPTA s 18.1 (2))
**For the purpose of MHPTA s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”
*All existing tenancy agreements would be implied to have terms prohibiting growing cannabis on the outdoor areas or common areas of the home park or home site unless:
**# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
**# growing the plants is not contrary to a term of the tenancy agreement, and 
**# the tenant is authorized under applicable federal law to grow the plants at the manufactured home park and the tenant is in compliance with the requirements under that law with respect to the medical cannabis.
 
 
== '''C. Moving In and Moving Out''' ==
 
 
Landlords may require a tenant to provide proof of third party liability insurance held by the mover as security against damages caused by the move of a home into a park or out of a park (MHPTA, s 29).
 
 
Prior to a person’s entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of his or her entering into the tenancy agreement.


*If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (''MHPTA'' s 18.1 (2))
**For ''MHPTA'' s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”
*All existing tenancy agreements entered prior to October 17, 2018, are implied to have terms prohibiting growing cannabis on the '''outdoor areas or common areas of the home park or home site''' unless:
:# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
:# growing the plants is not contrary to a term of the tenancy agreement, and 
:# the tenant is authorized under applicable federal law to grow the plants at the manufactured home park and the tenant follows the requirements under that law with respect to the medical cannabis.


According to MHPTA s 30, when moving out the tenant must leave the manufactured home site reasonably clean and give the landlord all the keys or other means of access to or within the manufactured home park that are in the tenant’s possession.
== '''C. Moving In and Moving Out''' ==


Landlords may require a tenant to provide proof of third-party liability insurance held by the mover as security against damages caused by the move of a home into a park or out of a park (''MHPTA'', s 29).


NOTE: “To and within the manufactured home park” means that keys or other such items that unlock, for example, a bathroom within the home park are also included in the category controlled by MHPTA s 30.  
Prior to a person’s entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of their entering into the tenancy agreement.


According to ''MHPTA'' s 30, when moving out the tenant must leave the manufactured home site reasonably clean and give the landlord all the keys or other means of access to or within the manufactured home park that are in the tenant’s possession.


== '''D. Deposits''' ==
:'''NOTE:''' “To and within the manufactured home park” means that keys or other such items that unlock, for example, a bathroom within the home park are also included in the category controlled by ''MHPTA'' s 30.


== '''D. Deposits''' ==


=== '''1. Security Deposits''' ===
=== '''1. Security Deposits''' ===


A landlord cannot require or accept a security deposit in respect of a manufactured home site tenancy. If a landlord accepts a security deposit from a tenant, the tenant may deduct the amount of the security deposit from rent or otherwise recover the amount (''MHPTA'', s 17). If a security deposit was collected before the ''MHPTA'' became effective in November 2002, it may be retained until the end of a tenancy.


A landlord cannot require or accept a security deposit in respect of a manufactured home site tenancy. If a landlord accepts a security deposit from a tenant, the tenant may deduct the amount of the security deposit from rent or otherwise recover the amount (MHPTA, s 17). Security deposits held by landlords before the effective date of the MHPTA may be retained until the end of the tenancy. As the MHPTA was assented to in Nov. 2002, this would only apply in long-standing tenancies as of the time of writing (2019).
A landlord who does not return or file a claim against the deposit at the end of tenancy could be required to pay the tenant double the amount of the deposit.
A landlord who does not return or file a claim against the deposit at the end of tenancy could be required to pay the tenant double the amount of the deposit.


=== '''2. Pets''' ===


=== '''2. Pets''' ===
Landlords may not charge pet damage deposits but may include terms in the tenancy agreement that prohibits pets or restrict the size, kind, and number of pets. Landlords may also add terms that govern the tenant’s obligation regarding keeping their pets on the manufactured home site.
 
 
Landlords may not charge pet damage deposits but may include terms in the tenancy agreement that prohibits pets or restricting the size, kind, and number of pets. Landlords may also add terms that govern the tenant’s obligation regarding keeping their pets on the manufactured home site.
 


=== '''3. Fees'''===
=== '''3. Fees'''===
 
==== '''a) Prohibited Fees (MHPTA, s 89(2)(k); MHPTR, s 3)''' ====


==== '''a) Prohibited Fees (MHPTA, s 89(2)(k); ''MHPTR'', s 3)''' ====


A landlord must not charge:
A landlord must not charge:
* a guest fee, regardless if the guest stays overnight; or
* 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.


 
==== '''b) Refundable Fees''' ====
• a guest fee, whether or not the guest stays overnight; or
 
 
• 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.
 
 
==== '''b) Refundable Fees''' ====
 


So long as an access device is not a tenant’s sole means of access to the manufactured home park, a landlord may charge a refundable fee for that device. The fee cannot be greater than the direct cost of replacing the access device.  
So long as an access device is not a tenant’s sole means of access to the manufactured home park, a landlord may charge a refundable fee for that device. The fee cannot be greater than the direct cost of replacing the access device.  


Some non-refundable fees are permissible (e.g., a $25 charge for late payment of rent or NSF cheques) if the fees are identified in the tenancy agreement. A list of permissible non-refundable fees is listed in the ''Manufactured Home Park Tenancy Regulations (MHPTR)'' s 5. 


Some non-refundable fees are permissible (e.g. a $25 charge for late payment of rent or NSF cheques) as long as the fees are identified in the tenancy agreement. A list of permissible non-refundable fees are listed in the Manufactured Home Park Tenancy Regulations (MHPTR) s 5. 
== '''E. During the Tenancy''' ==
 
 
== '''E. During the Tenancy''' ==
 
 
=== '''1. Rent Increases''' ===
 
 
==== '''a) Amount''' ====
 
Landlords are able to increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus the proportionate increase in local government levies and regulated utilities (MHPTA, s 36(1)(a) and see MHPTR Part 5). A landlord may apply to an Arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations.
 
 
NOTE: A landlord may apply under s 36 of the MHPTA for an additional rent increase above the rent increase formula but can only do so under certain circumstances: see MHPTR, s 33(1) for a list of requirements for when the landlord is allowed to do so.
 
 
==== '''b) Notice''' ====
 
 
A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase, the notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (MHPTA, s 35(2)).
 
:NOTE: Section 15 of Ministerial Order 89 of 2020 and section 10 of Ministerial Order 195 of 2020 renders rent increases that would have taken effect during the BC Provincial State of Emergency ineffective until the State of Emergency expires. If a landlord collects a rent increase that does not comply with these sections, the tenant may deduct the increase from rent or otherwise recover the increase. If a landlord collects a rent increase that does not comply with this section the tenant may deduct the increase from rent or otherwise recover the increase. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see when the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.
 
==== '''c) Timing''' ====
 
 
A rent increase cannot be imposed for at least 12 months after whichever of the following applies (MHPTA, s 35(1)):
 
 
• if the tenant’s rent increase has not previously been increased, the date on which the tenant’s rent was first established; or
 
 
• if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this MHPTA.
 
 
== '''F. Manufactured Home Park Rules and Committee''' ==
 
 
In accordance with s 31 - 33 of the MHPTA and the associated regulations, the landlord and tenants of a manufactured home park may establish and select the members of a park committee. A park committee must make all of its decisions by unanimous agreement of all members of the committee (MHPTR s 22), except resolutions regarding secret ballots made under MHPTR, s 23(8), which must be decided by majority vote.
 
 
A park committee, or if none exist, the landlord, may establish, change or repeal a rule if it is reasonable in the circumstances and if the rule has one of the following effects (MHPTR, s 30):
 
 
• it promotes the convenience or safety of the tenants;
 
 
• it protects and preserves the condition of the manufactured home park or the landlord’s property;
 
 
• it regulates access to or fairly distributes a service or facility; or
 
 
• it regulates pets in common areas.
 
 
The rule must not be inconsistent with the MHPTA or the regulations. A rule established, or changed is enforceable against a tenant only if (MHPTR s 30(3)):
 
 
• the rule applies to all tenants in a fair manner;
 
 
• the rule is clear enough that a reasonable tenant can understand how to comply with the rule;
 
 
• notice of the rule is given to the tenant in accordance with s 29 (disclosure); and
 


• the rule does not change a material term of the tenancy.
=== '''1. Rent Increases''' ===


==== '''a) Amount''' ====


== '''G. Tenancy Agreements''' ==
Usually, landlords can increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus the proportionate increase in local government levies and regulated utilities (''MHPTA'', s 36(1)(a) and see ''MHPTR'' Part 5). However, the maximum allowable annual rent increase for rent increases with an effective date in 2023 is only 2% plus the proportional amount, not the “inflation rate.” A landlord may apply to an Arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations.


Landlords and tenants may agree to any term so long as the term is not an attempt to avoid or contract out of the MHPTA or the regulations. Any attempt to avoid or contract out of the MHPTA or regulations is of no effect (MHPTA, s 5). Furthermore, a term will not be enforced if it is found to be unconscionable, or the term is not expressed in a manner that clearly communicates the rights and obligations under it. The rights and obligations established by or under the MHPTA are enforceable between a landlord and tenant under a tenancy agreement.
:'''NOTE:''' A landlord may apply under s 36 of the ''MHPTA'' for an additional rent increase above the rent increase formula but can only do so under certain circumstances: see ''MHPTR'', s 33(1) for a list of requirements for when the landlord is allowed to do so.


==== '''b) Notice''' ====


=== '''1. Liability for Non-compliance''' ===
A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase. The notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (''MHPTA'', s 35(2)).


==== '''c) Timing''' ====


If a landlord or tenant does not comply with the MHPTA, the regulations, or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results (s 7(1)).
A rent increase cannot be imposed for at least 12 months after whichever of the following applies (''MHPTA'', s 35(1)):
* if the tenant’s rent increase has not previously been increased, the date on which the tenant’s rent was first established; or
* if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this ''MHPTA''.


== '''F. Manufactured Home Park Rules and Committee''' ==


NOTE: The innocent party always has a duty to mitigate their losses.
In accordance with s 31 - 33 of the ''MHPTA'' and the associated regulations, the landlord and tenants of a manufactured home park may establish and select the members of a park committee. A park committee must make all its decisions by unanimous agreement of all members of the committee (''MHPTR'' s 22), except resolutions regarding secret ballots made under ''MHPTR'', s 23(8), which must be decided by majority vote.


A park committee, or if none exists, the landlord, may establish, change or repeal a rule if it is reasonable in the circumstances and if the rule has one of the following effects (''MHPTR'', s 30):


=== '''2. Tenant’s Right to Quiet Enjoyment''' ===
* it promotes the convenience or safety of the tenants;
* it protects and preserves the condition of the manufactured home park or the landlord’s property;
* it regulates access to or fairly distributes a service or facility; or
* it regulates pets in common areas.


The rule must not be inconsistent with the ''MHPTA'' or the regulations. A rule established, or changed is enforceable against a tenant only if (''MHPTR'' s 30(3)):


A tenant is entitled to quiet enjoyment including but not limited to the following (MHPTA, s 22):
* the rule applies to all tenants in a fair manner;
* the rule is clear enough that a reasonable tenant can understand how to comply with the rule;
* notice of the rule is given to the tenant in accordance with s 29 (disclosure); and
* the rule does not change a material term of the tenancy.


== '''G. Tenancy Agreements''' ==


• reasonable privacy;
Landlords and tenants may agree to any term so long as the term is not an attempt to avoid or contract out of the ''MHPTA'' or the regulations. Any attempt to avoid or contract out of the MHPTA or regulations is of no effect (''MHPTA'', s 5). Furthermore, a term will not be enforced if it is found to be unconscionable, or the term is not expressed in a manner that clearly communicates the rights and obligations under it. The rights and obligations established by or under the ''MHPTA'' are enforceable between a landlord and tenant under a tenancy agreement.


=== '''1. Liability for Non-compliance''' ===


• freedom from unreasonable disturbance;
If a landlord or tenant does not comply with the ''MHPTA'', the regulations, or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results (s 7(1)).


:'''NOTE:''' The innocent party always has a duty to mitigate their losses.


• exclusive possession of the manufactured home site subject only to the landlord's right to enter the manufactured home site in accordance with MHPTA section 23; and
=== '''2. Tenant’s Right to Quiet Enjoyment''' ===


A tenant is entitled to quiet enjoyment including but not limited to the following (''MHPTA'', s 22):


• use of common areas for reasonable and lawful purposes, free from significant interference.
* reasonable privacy;
* freedom from unreasonable disturbance;
* exclusive possession of the manufactured home site subject only to the landlord's right to enter the manufactured home site in accordance with ''MHPTA'' section 23; and
* use of common areas for reasonable and lawful purposes, free from significant interference.


== '''H. Ending a Tenancy''' ==


== '''H. Ending a Tenancy''' ==
A tenancy ends only if one or more of the following applies (''MHPTA'', s 37(1)):


A tenancy ends only if one or more of the following applies (MHPTA, s 37(1)):
*the tenant or landlord gives a notice to end the tenancy in accordance with one of the following:
 
*the tenant or landlord gives notice to end the tenancy in accordance with one of the following:
**s 38 (tenant’s notice);  
:*s 38 (tenant’s notice);  
**s 39 (landlord’s notice: non-payment of rent);  
:*s 39 (landlord’s notice: non-payment of rent);  
**s 40 (landlord’s notice: cause); s 41 (landlord’s notice: end of employment);  
:*s 40 (landlord’s notice: cause); s 41 (landlord’s notice: end of employment);  
**s 42 (landlord’s notice: landlord’s use of property); or,  
:*s 42 (landlord’s notice: landlord’s use of property); or,  
**s 43 (tenant may end tenancy early).
:*s 43 (tenant may end tenancy early).


:NOTE: Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in MHPTA, s 45.
:'''NOTE:''' Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in ''MHPTA'', s 45.


:NOTE: Section 11 of Ministerial Order 89 of 2020 prohibits landlords from giving notices to end tenancy despite sections 37(1)(a)(ii) to (v) and sections 39 to 42 of the MHPTA between March 30th, 2020 and June 23rd, 2020. If a notice to end tenancy was given before March 30th, 2020, then the notice remains in effect, subject to the dispute resolution process and an order of possession may be granted under section 48 of the MHPTA. However, sections 13 and 14 of the Order prevents the application for orders of possession or the enforcement of existing writs of possession between March 30th, 2020 and when the BC Provincial State of Emergency expires unless the order was applied for and granted under section 49 or 49.1 of the MHPTA or the order of possession was permitted under section 12(2) of the Order. Section 8 of Ministerial Order 195 of 2020 prevents Landlords from giving notices to end tenancy for unpaid or late rent or utility that is due after June 24th, 2020 and when the BC. Check https://www.emergencyinfobc.gov.bc.ca/covid19-provincial-state-of-emergency/ to see if the BC Provincial State of Emergency is currently in effect. Refer to https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/covid-19#serving for the most up to date information.
*the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
*the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
*the landlord and tenant agree in writing to end the tenancy;
*the landlord and tenant agree in writing to end the tenancy;
Line 230: Line 150:
*the tenancy agreement is a sublease agreement.
*the tenancy agreement is a sublease agreement.


=== '''1. Tenant’s Notice''' ===
=== '''1. Tenant’s Notice''' ===
 


==== '''a) Periodic''' ====
==== '''a) Periodic''' ====


A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is:
A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is:
Line 239: Line 158:
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.


==== '''b) Fixed Term''' ====
==== '''b) Fixed Term''' ====


A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that is:
A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that is:
Line 246: Line 165:
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.


'''(1) Exception for Family Violence or Long-Term Care'''
==== '''c) Material Term Breach''' ====
 
Section 45.1 of the RTA allows tenants who have been assessed as requiring long-term care, have moved into a long-term care facility, or have been confirmed as being at risk of family violence if they remain in the rental unit, may end a fixed-term tenancy by giving one month’s notice to the landlord. See Section Forced End of Tenancy (Termination/Eviction), above.


NOTE: For clarity, “family violence” is defined under the Family Law Act, SBC 2011 c. 25 to include
If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord a notice to end the tenancy effective on a date that is after the date the landlord receives the notice.  
*(a) physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,
*(b) sexual abuse of a family member,
*(c) attempts to physically or sexually abuse a family member,
*(d) psychological or emotional abuse of a family member, including
**(i)intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property,
**(ii)unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy,
**(iii)stalking or following of the family member, and
**(iv)intentional damage to property, and
*(e) in the case of a child, direct or indirect exposure to family violence.


==== '''c) Material Term Breach''' ====
:'''NOTE:''' Unlike the RTA, the MHTPA does not contain provisions allowing tenants to break a lease when feeling family violence or moving into long-term care.


If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord notice to end the tenancy effective on a date that is after the date the landlord receives the notice.
=== '''2. Failure to Pay Rent''' ===


=== '''2. Failure to Pay Rent''' ===
A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving a notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (''MHPTA'', s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the ''MHPTA'' to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.
 
A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (MHPTA, s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the MHPTA to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.


However, if the tenant does not dispute the notice and does not pay the amount owed the landlord can go to the Residential Tenancy Branch and apply for an Order of Possession without a hearing.
However, if the tenant does not dispute the notice and does not pay the amount owed the landlord can go to the Residential Tenancy Branch and apply for an Order of Possession without a hearing.


NOTE: After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy.
:'''NOTE:''' After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy.


=== '''3. Landlord’s Use''' ===
=== '''3. Landlord’s Use''' ===


A landlord may end a tenancy agreement by giving notice to end the tenancy agreement if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park (MHPTA, s 42(1)). A notice to end a tenancy under this section must end the tenancy effective on a date that is:
A landlord may end a tenancy agreement by giving notice to end the tenancy agreement if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park (''MHPTA'', s 42(1)). A notice to end a tenancy under this section must end the tenancy effective on a date that is:


*not earlier than 12 months after the date the notice is received; and  
*not earlier than 12 months after the date the notice is received; and  
Line 282: Line 188:
Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date.
Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date.


A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance to MHPTA s 43.  
A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance with ''MHPTA'' s 43.  


A landlord that makes a 12-month notice must compensate the tenant $20000 on or before the effective date of the notice. The tenant can apply for dispute resolution for additional compensation between the assessed value of the home and $20000 if:
A landlord that makes a 12-month notice must compensate the tenant $20000 on or before the effective date of the notice. The tenant can apply for dispute resolution for additional compensation between the assessed value of the home and $20000 if:


*They are not able to obtain the necessary permits, licenses, approvals or certificates required by law to move the manufactured home OR they are not able to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site; AND
*They are not able to obtain the necessary permits, licenses, approvals, or certificates required by law to move the manufactured home or they are not able to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site; and
*The tenant does not owe any tax in relation to the manufactured home.
*The tenant does not owe any tax in relation to the manufactured home.
If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home.


If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home.
If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home.


*If the landlord closes a manufactured home park to be converted for residential or non-residential use (s. 42(1)) but have not taken any steps to accomplish the stated purpose in a reasonable time after the effective date of the notice, the landlord would have to compensate the tenant $5000- or 12-months’ rent, whichever is higher. However, if an Arbitrator determines there are extenuating circumstances, this compensation can be excused.
*If the landlord closes a manufactured home park to be converted for residential or non-residential use (s. 42(1)) but has not taken any steps to accomplish the stated purpose in a reasonable time after the effective date of the notice, the landlord will have to compensate the tenant $5000- or 12-months’ rent, whichever is higher. However, if an Arbitrator determines there are extenuating circumstances that prevented the Landlord from accomplishing the stated purpose for ending the tenancy, they can excuse the landlord from paying this compensation.
 


=== '''4. Landlord’s Notice: Cause''' ===
=== '''4. Landlord’s Notice: Cause''' ===


Refer to s 40(1) of the MHPTA; it is similar to the RTA section regarding Landlord’s Cause.
Refer to s 40(1) of the ''MHPTA''; it is similar to the ''RT''A s 46 (Landlord’s Notice: Cause) and lists the same grounds under which a landlord can issue a notice to end tenancy under this section.


NOTE: Notice to end tenancy must take effect on a date that is:
:'''NOTE:''' Notice to end tenancy must take effect on a date that is:


*not earlier than one month after the date the notice is received, and
*not earlier than one month after the date the notice is received, and
*the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.
*the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.


 
=== '''5. Disputing Notice''' ===
=== '''5. Disputing Notice''' ===
 


Notices of termination or eviction can be disputed by applying for dispute resolution, but must be done so within the following set time limits that start running after the date the tenant receives the notice:
Notices of termination or eviction can be disputed by applying for dispute resolution, but must be done so within the following set time limits that start running after the date the tenant receives the notice:


*non-payment of rent: five days;
*non-payment of rent: '''five days''';
*landlord’s cause: 10 days; and
*landlord’s cause: '''10 days''';
*landlord’s use of property: 15 days.
*landlord’s use of property: '''15 days'''; and
 
*landlord's use of property, demolition or conversion: '''30 days'''.
=== '''6. Required Form''' ===
 
 
In order to be effective, a notice to end tenancy must be in writing and must be signed and dated by the landlord or tenant giving the notice, give the address of the manufactured home site, state the effective date of the notice, except for a notice under s 38(1) or (2) (tenant’s notice), state the grounds for ending the tenancy, and when given by a landlord be in the approved form (RTB Form) (MHPTA, s 45).


== '''I. Dispute Resolution''' ==
=== '''6. Required Form''' ===


In order to be effective, a notice to end tenancy must be in writing and must be signed and dated by the landlord or tenant giving the notice, give the address of the manufactured home site, state the effective date of the notice, except for a notice under s 38(1) or (2) (tenant’s notice), state the grounds for ending the tenancy, and '''when given by a landlord be in the approved form''' (''MHPTA'', s 45).


== '''I. Dispute Resolution''' ==


Disputes between landlords and tenants may be resolved by applying to dispute resolution at the Residential Tenancy Branch in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution:
Disputes between landlords and tenants may be resolved by applying to dispute resolution at the Residential Tenancy Branch in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution:


* rights and prohibitions under the ''MHPTA'';
* rights and obligations under the terms of a tenancy agreement that are required or prohibited under this ''MHPTA'';
* tenant’s use, occupation or maintenance of the manufactured home site; and
* the use of common areas or services.


• rights and prohibitions under the MHPTA;
A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim is for more than the monetary limit under the ''Small Claims Act'' ($35000 as of June 2019), the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court.
 
 
• rights and obligations under the terms of a tenancy agreement that are required or prohibited under this MHPTA;
 
 
• tenant’s use, occupation or maintenance of the manufactured home site; and
 
 
• the use of the common areas or services.
 
 
A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim is for more than the monetary limit under the Small Claims Act ($35000 as of June 2019), the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court.
 


See MHPTA s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute and be accompanied by the fee; it is possible for this fee to be waived.
See ''MHPTA'' s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute, and be accompanied by the fee; it is possible for this fee to be waived.


:'''NOTE:''' If the ''MHPTA'' does not state a time by which an application for dispute resolution must be filed, it must be filed within two years of the date that the tenancy to which the matters relate ends or is assigned (''MHPTA'', s 53(1)).


NOTE: If the MHPTA does not state a time by which an application for dispute resolution must be filed, it must be filed within two years of the date that the tenancy to which the matters relates ends or is assigned (MHPTA, s 53(1)).


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Latest revision as of 20:21, 8 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
19. Landlord and Tenant Law
 · I. Residential Tenancy Act

 · II. Tenancy Agreements
 · III. Moving In and Moving Out
 · IV. Security Deposits
 · V. Repair and Service
 · VI. Rent Increase
 · VII. Tenant's Rights
 · VIII. Subletting and Assignment
 · IX. Termination/Eviction
 · X. Dispute Resolution
 · XI. Common Law
 · XII. Strata Law
 · XIII. Assisted Living
 · XIV. Commercial Tenancies
 · XV. Manufactured Homes
 · XVI. Income Assistance
 · XVII. Illegal Suites
 · XVIII. Forms

 · XIX. Governing Legislation and Resources
v • d • e



A. General

The Manufactured Home Park Tenancy Act, (MHPTA) applies to owners of manufactured home parks and owners of manufactured homes who rent the sites on which their homes sit. The MHPTA only applies if a tenant only rents the site or “pad” that their manufactured home sits on. If the tenant rents both the pad and the home itself from an owner, then they are covered by the RTA, not the MHPTA.

A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the Manufactured Home Park Tenancy Regulations.

B. Definitions

1. Common Area

A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.

2. Landlord

Includes the owner of the manufactured home site; the owner’s agent or another person who permits occupation of the manufactured home site under a tenancy agreement on the landlord’s behalf; the owner’s heirs, assignees, personal representatives and successors in title; a person, other than a tenant whose manufactured home occupies the manufactured home site, who is entitled to possession of the manufactured home site and exercises any of a landlord’s rights under a tenancy agreement or the MHPTA in relation to the manufactured home site.

3. Manufactured Home

Means a structure that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and used or intended to be used as a living accommodation regardless of if it is equipped with wheels.

4. Manufactured Home Site

This is a site in a manufactured home park, rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home.

5. Cannabis

With the legalization of cannabis in BC, changes to the MHPTA were implemented around growing and smoking cannabis.

  • If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (MHPTA s 18.1 (2))
    • For MHPTA s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”
  • All existing tenancy agreements entered prior to October 17, 2018, are implied to have terms prohibiting growing cannabis on the outdoor areas or common areas of the home park or home site unless:
  1. the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
  2. growing the plants is not contrary to a term of the tenancy agreement, and
  3. the tenant is authorized under applicable federal law to grow the plants at the manufactured home park and the tenant follows the requirements under that law with respect to the medical cannabis.

C. Moving In and Moving Out

Landlords may require a tenant to provide proof of third-party liability insurance held by the mover as security against damages caused by the move of a home into a park or out of a park (MHPTA, s 29).

Prior to a person’s entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of their entering into the tenancy agreement.

According to MHPTA s 30, when moving out the tenant must leave the manufactured home site reasonably clean and give the landlord all the keys or other means of access to or within the manufactured home park that are in the tenant’s possession.

NOTE: “To and within the manufactured home park” means that keys or other such items that unlock, for example, a bathroom within the home park are also included in the category controlled by MHPTA s 30.

D. Deposits

1. Security Deposits

A landlord cannot require or accept a security deposit in respect of a manufactured home site tenancy. If a landlord accepts a security deposit from a tenant, the tenant may deduct the amount of the security deposit from rent or otherwise recover the amount (MHPTA, s 17). If a security deposit was collected before the MHPTA became effective in November 2002, it may be retained until the end of a tenancy.

A landlord who does not return or file a claim against the deposit at the end of tenancy could be required to pay the tenant double the amount of the deposit.

2. Pets

Landlords may not charge pet damage deposits but may include terms in the tenancy agreement that prohibits pets or restrict the size, kind, and number of pets. Landlords may also add terms that govern the tenant’s obligation regarding keeping their pets on the manufactured home site.

3. Fees

a) Prohibited Fees (MHPTA, s 89(2)(k); MHPTR, s 3)

A landlord must not charge:

  • a guest fee, regardless if the guest stays overnight; or
  • 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.

b) Refundable Fees

So long as an access device is not a tenant’s sole means of access to the manufactured home park, a landlord may charge a refundable fee for that device. The fee cannot be greater than the direct cost of replacing the access device.

Some non-refundable fees are permissible (e.g., a $25 charge for late payment of rent or NSF cheques) if the fees are identified in the tenancy agreement. A list of permissible non-refundable fees is listed in the Manufactured Home Park Tenancy Regulations (MHPTR) s 5.

E. During the Tenancy

1. Rent Increases

a) Amount

Usually, landlords can increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus the proportionate increase in local government levies and regulated utilities (MHPTA, s 36(1)(a) and see MHPTR Part 5). However, the maximum allowable annual rent increase for rent increases with an effective date in 2023 is only 2% plus the proportional amount, not the “inflation rate.” A landlord may apply to an Arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations.

NOTE: A landlord may apply under s 36 of the MHPTA for an additional rent increase above the rent increase formula but can only do so under certain circumstances: see MHPTR, s 33(1) for a list of requirements for when the landlord is allowed to do so.

b) Notice

A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase. The notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (MHPTA, s 35(2)).

c) Timing

A rent increase cannot be imposed for at least 12 months after whichever of the following applies (MHPTA, s 35(1)):

  • if the tenant’s rent increase has not previously been increased, the date on which the tenant’s rent was first established; or
  • if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this MHPTA.

F. Manufactured Home Park Rules and Committee

In accordance with s 31 - 33 of the MHPTA and the associated regulations, the landlord and tenants of a manufactured home park may establish and select the members of a park committee. A park committee must make all its decisions by unanimous agreement of all members of the committee (MHPTR s 22), except resolutions regarding secret ballots made under MHPTR, s 23(8), which must be decided by majority vote.

A park committee, or if none exists, the landlord, may establish, change or repeal a rule if it is reasonable in the circumstances and if the rule has one of the following effects (MHPTR, s 30):

  • it promotes the convenience or safety of the tenants;
  • it protects and preserves the condition of the manufactured home park or the landlord’s property;
  • it regulates access to or fairly distributes a service or facility; or
  • it regulates pets in common areas.

The rule must not be inconsistent with the MHPTA or the regulations. A rule established, or changed is enforceable against a tenant only if (MHPTR s 30(3)):

  • the rule applies to all tenants in a fair manner;
  • the rule is clear enough that a reasonable tenant can understand how to comply with the rule;
  • notice of the rule is given to the tenant in accordance with s 29 (disclosure); and
  • the rule does not change a material term of the tenancy.

G. Tenancy Agreements

Landlords and tenants may agree to any term so long as the term is not an attempt to avoid or contract out of the MHPTA or the regulations. Any attempt to avoid or contract out of the MHPTA or regulations is of no effect (MHPTA, s 5). Furthermore, a term will not be enforced if it is found to be unconscionable, or the term is not expressed in a manner that clearly communicates the rights and obligations under it. The rights and obligations established by or under the MHPTA are enforceable between a landlord and tenant under a tenancy agreement.

1. Liability for Non-compliance

If a landlord or tenant does not comply with the MHPTA, the regulations, or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results (s 7(1)).

NOTE: The innocent party always has a duty to mitigate their losses.

2. Tenant’s Right to Quiet Enjoyment

A tenant is entitled to quiet enjoyment including but not limited to the following (MHPTA, s 22):

  • reasonable privacy;
  • freedom from unreasonable disturbance;
  • exclusive possession of the manufactured home site subject only to the landlord's right to enter the manufactured home site in accordance with MHPTA section 23; and
  • use of common areas for reasonable and lawful purposes, free from significant interference.

H. Ending a Tenancy

A tenancy ends only if one or more of the following applies (MHPTA, s 37(1)):

  • the tenant or landlord gives a notice to end the tenancy in accordance with one of the following:
  • s 38 (tenant’s notice);
  • s 39 (landlord’s notice: non-payment of rent);
  • s 40 (landlord’s notice: cause); s 41 (landlord’s notice: end of employment);
  • s 42 (landlord’s notice: landlord’s use of property); or,
  • s 43 (tenant may end tenancy early).
NOTE: Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in MHPTA, s 45.
  • the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
  • the landlord and tenant agree in writing to end the tenancy;
  • the tenancy agreement is frustrated; or
  • an Arbitrator orders that the tenancy is ended.
  • the tenancy agreement is a sublease agreement.

1. Tenant’s Notice

a) Periodic

A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is:

  • not earlier than one month after the date the landlord receives the notice; and
  • is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

b) Fixed Term

A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that is:

  • not earlier than one month after the date the landlord receives the notice,
  • is not earlier than the date specified in the tenancy agreement as the end of the tenancy; and
  • is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

c) Material Term Breach

If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord a notice to end the tenancy effective on a date that is after the date the landlord receives the notice.

NOTE: Unlike the RTA, the MHTPA does not contain provisions allowing tenants to break a lease when feeling family violence or moving into long-term care.

2. Failure to Pay Rent

A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving a notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (MHPTA, s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the MHPTA to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.

However, if the tenant does not dispute the notice and does not pay the amount owed the landlord can go to the Residential Tenancy Branch and apply for an Order of Possession without a hearing.

NOTE: After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy.

3. Landlord’s Use

A landlord may end a tenancy agreement by giving notice to end the tenancy agreement if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park (MHPTA, s 42(1)). A notice to end a tenancy under this section must end the tenancy effective on a date that is:

  • not earlier than 12 months after the date the notice is received; and
  • is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date.

A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance with MHPTA s 43.

A landlord that makes a 12-month notice must compensate the tenant $20000 on or before the effective date of the notice. The tenant can apply for dispute resolution for additional compensation between the assessed value of the home and $20000 if:

  • They are not able to obtain the necessary permits, licenses, approvals, or certificates required by law to move the manufactured home or they are not able to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site; and
  • The tenant does not owe any tax in relation to the manufactured home.

If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home.

  • If the landlord closes a manufactured home park to be converted for residential or non-residential use (s. 42(1)) but has not taken any steps to accomplish the stated purpose in a reasonable time after the effective date of the notice, the landlord will have to compensate the tenant $5000- or 12-months’ rent, whichever is higher. However, if an Arbitrator determines there are extenuating circumstances that prevented the Landlord from accomplishing the stated purpose for ending the tenancy, they can excuse the landlord from paying this compensation.

4. Landlord’s Notice: Cause

Refer to s 40(1) of the MHPTA; it is similar to the RTA s 46 (Landlord’s Notice: Cause) and lists the same grounds under which a landlord can issue a notice to end tenancy under this section.

NOTE: Notice to end tenancy must take effect on a date that is:
  • not earlier than one month after the date the notice is received, and
  • the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

5. Disputing Notice

Notices of termination or eviction can be disputed by applying for dispute resolution, but must be done so within the following set time limits that start running after the date the tenant receives the notice:

  • non-payment of rent: five days;
  • landlord’s cause: 10 days;
  • landlord’s use of property: 15 days; and
  • landlord's use of property, demolition or conversion: 30 days.

6. Required Form

In order to be effective, a notice to end tenancy must be in writing and must be signed and dated by the landlord or tenant giving the notice, give the address of the manufactured home site, state the effective date of the notice, except for a notice under s 38(1) or (2) (tenant’s notice), state the grounds for ending the tenancy, and when given by a landlord be in the approved form (MHPTA, s 45).

I. Dispute Resolution

Disputes between landlords and tenants may be resolved by applying to dispute resolution at the Residential Tenancy Branch in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution:

  • rights and prohibitions under the MHPTA;
  • rights and obligations under the terms of a tenancy agreement that are required or prohibited under this MHPTA;
  • tenant’s use, occupation or maintenance of the manufactured home site; and
  • the use of common areas or services.

A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim is for more than the monetary limit under the Small Claims Act ($35000 as of June 2019), the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court.

See MHPTA s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute, and be accompanied by the fee; it is possible for this fee to be waived.

NOTE: If the MHPTA does not state a time by which an application for dispute resolution must be filed, it must be filed within two years of the date that the tenancy to which the matters relate ends or is assigned (MHPTA, s 53(1)).


v • d • e
 
Introduction
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP File Administration Policy
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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