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Difference between revisions of "The Residential Tenancy Act (19:I)"

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The Residential Tenancy Act (19:I) (view source)

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The RTA sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities.  It also includes a license to occupy a rental unit. Each landlord must prepare a written tenancy agreement that complies with the RTA.  However, '''even if the landlord does not prepare such a written tenancy agreement, the tenant is still protected by all of the standard terms''' contained in the ''Residential Tenancy Regulations.
The RTA sets out the rights and obligations of landlords and tenants. When a tenancy starts, there should be a tenancy agreement in place. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities.  It also includes a license to occupy a rental unit. Each landlord must prepare a written tenancy agreement that complies with the RTA.  However, '''even if the landlord does not prepare such a written tenancy agreement, the tenant is still protected by all of the standard terms''' contained in the ''Residential Tenancy Regulations.


It also does not apply to living accommodations in which the tenant shares bathroom or kitchen facilities with the owner of the accommodation.  
The question may arise as to whether or not a person living in a rental unit is a tenant, a co-tenant, a tenant in common or an occupant. Residential Tenancy Policy Guideline 19: Assignment and Sublet and Guideline 13: Rights and Responsibilities of Co-tenants may provide helpful guidance.                                  


The question may arise as to whether or not a person living in a rental unit is a tenant, a co-tenant, a tenant in common or an occupant. Residential Tenancy Policy Guidelines 19: Assignment and Sublet and Guideline 13: Rights and Responsibilities of Co-tenants may provide helpful guidance.                                       
Section 4 of the ''Residential Tenancy Act'' seats out living accommodations where the Act does not apply. These include but are not limited to:  


Section 4 of the ''Residential Tenancy Act'' seats out living accomodations where the Act does not apply. These include but are not limited to:
*where the tenant shares bathroom or kitchen facilities with the owner of the accommodation;
*where the accommodation is rented by a housing cooperative to a member of that cooperative;
*where the accommodation is owned or operated by an educational institution (e.g. a college or university) and provided by that institution to its students or employees; and
*where the accommodation is included with premises that are primarily occupied for business purposes and are rented under a single agreement.


*where the tenant shares bathroom or kitchen facilities with the owner (this refers to the owner accommodation;
Traditionally at common law, the test to determine if an occupant is a tenant is whether the occupant has exclusive possession of the rental unit. This test also considers the facts of each case and the intention of the parties In determining whether an occupant is a tenant or not, the Residential Tenancy Branch may consider:
*where the accommodations are rented by a housing cooperative to a member of that cooperative;
*where the accommodation is owned or operated by an educational institution (e.g. a college or university) and provided by that institution to its students or employees; and
*laundering and cleaning services provided by the facility;
*where the accommodation is included with premises that are primarily occupied for business purposes and are rented under a single agreement


In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the RTA.  Any roommates who do not have a tenancy agreement with the landlord are not covered by the RTA and do not have any recourse against the landlord.  Disputes between a tenant and roommate cannot be brought to the RTB, but may be brought in Small Claims Court.  For more information, see'''Section X.E Subletting and Assignment''' and Policy Guideline 19: Assignment and Sublet.   
In situations where a tenant, named in the tenancy agreement, shares accommodations with a roommate who does not have an agreement with the landlord, only the tenant is protected by the RTA.  Any roommates who do not have a tenancy agreement with the landlord are not covered by the RTA and do not have any recourse against the landlord.  Disputes between a tenant and roommate cannot be brought to the RTB, but may be brought in Small Claims Court.  For more information, see'''Section X.E Subletting and Assignment''' and Policy Guideline 19: Assignment and Sublet.   
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