Residential Tenancy Forms (19:XVIII)

XIX. Secondary and ILLEGAL SUITES

Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are legal and regulated (though some landlords may be operating the secondary suite without approval). The bylaws and policy guidelines are municipality-specific, so clients should be directed to their municipal offices to find out what the specific enforcement policies are for their municipality. For a website with links to various municipalities’ polices on secondary suites, see www.homeswithsuites.ca/MunicipalSuitePolicies.ubr

The City of Surrey approved secondary suites in December of 2010. See www.surrey.ca/city-government/7617.aspx for information.

Vancouver’s Zoning and Development By-law makes it possible to have a secondary suite in every detached single family home in the City of Vancouver. Council also approved the relaxation of various building code standards to facilitate the secondary suite process.

The City of Vancouver will continue to respond to complaints received from neighbours or tenants regarding illegal suites. Where legitimate complaints are received, homeowners will have to apply to make the suite legal. In the case of houses with multiple suites, Council policy limits the house to a principal dwelling and one secondary suite. The application process is described online, and can be accessed at: http://vancouver.ca/home-property-development/creating-a-secondary-suite.aspx.

If a city inspector determines that a suite should be closed down, the landlord will be given 30 days’ notice to evict the tenant. That notice will begin to run from the day on which rent is next due. Regardless of the legality of the suite however, the RTA may still apply. A tenant may be entitled to more than the 30 days’ notice given by the municipality, and may therefore have a claim against the landlord if proper notice is not given.

For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB Policy Guideline 20: Illegal Contracts.

SECTION 20 XX. FORMS AVAILABLE ON THE RTB WEBSITE

Check the RTB web site: http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/forms for current forms and fees. Ensure clients are using the most recent forms. Be aware that some applications require fees (a standard Application for dispute resolution costs $50). Waivers are available for low-income applicants.

The dispute resolution policy guidelines are also available online, as are decisions by Arbitrators. These are useful for preparing for a hearing, but they are NOT binding on Arbitrators.

-=A. Entering Into a Tenancy=

1. Residential Tenancy Agreement - RTB 1

The RTB is of the opinion that this Residential Tenancy Agreement accurately reflects the RTA and accompanying regulations. The RTB makes no representations or warranties regarding the use of this Agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.

2. Manufactured Home Site Tenancy Agreement - RTB 5

The Residential Tenancy Branch is of the opinion that this Manufactured Home Site Tenancy Agreement accurately reflects the MHPTA and accompanying regulations. The RTB makes no representations or warranties regarding the use of this agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.

3. Condition Inspection Report - RTB 27

Landlords and tenants or their representatives can use this form to record the condition of a rental unit at the time of move-in and at the time of move-out by the tenant.

4. Schedule of Parties - RTB 26

Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

B. Rent Increases

1. Notice of Rent Increase - Residential Rental Units - RTB 7

Landlords must use this notice to notify tenants of rent increases.

2. Notice of Rent Increase - Manufactured Home Site - RTB 11

Park owners must use this notice to notify tenants of site rent increases. This notice is not used where a tenant rents a manufactured home, as well as the site, under a single tenancy agreement.

=3. Application for Additional Rent Increase - RTB 16

A landlord must use this form to apply for an Arbitrator’s approval for a rent increase in an amount greater than the amount specified in the RTA, the MHPTA and associated regulations.

4. Schedule of Parties - RTB 26

Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

C. Dispute Resolution

1. Tenant’s Application for Dispute Resolution - RTB 12

Tenants must complete and file this form to request a hearing before an Arbitrator to resolve a residential tenancy dispute. To submit the Application form over the web, fill out the Online Application for Dispute Resolution form.

2. Landlord’s Application for Dispute Resolution - RTB 12

Landlords must complete and file this form to request a hearing before an Arbitrator to resolve a residential tenancy dispute. To submit the Application form over the web, fill out the Online Application for Dispute Resolution form.

3. Application to Waive Filing Fee - RTB 17

A person bringing a dispute to dispute resolution may use this form to request that the Residential Tenancy Branch waive the fee for filing an Application for dispute resolution.

4. Application for Substituted Service - RTB 13

Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.

5. Tenant’s Request to Join Applications for Dispute Resolution - RTB 19

Tenants may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it makes sense that the matters be joined.

6. Landlord’s Request to Join Applications for Dispute Resolution - RTB 18

Landlords may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it is sensible that the matters be joined.

7. Schedule of Parties - RTB 26

Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

D. Dispute Resolution Decisions and Orders

1. Application to Review Arbitrator’s Decision or Order - RTB 2

Landlords and tenants may use this form to apply to the Director or the Residential Tenancy Branch for review of an Arbitrator’s order or decision.

2. Request for Correction - RTB 6

Tenants and landlords may use this form to request that the Residential Tenancy Branch correct any obvious error or inadvertent omission.

3. Request for Clarification – RTB 38

Tenants and landlords may use this form to request the Residential Tenancy Branch clarify a decision.

4. Request/Approval for Release of Originals - RTB 9

Use this form to request the return of original evidence used in a residential tenancy dispute resolution hearing. Please note that original copies must be given to the Residential Tenancy Branch and the other party of the dispute. The applicant or respondent should always keep original copies of each document submitted in a dispute resolution proceeding.

5. Application for Substituted Service - RTB 13

Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.

6. Schedule of Parties - RTB 26

Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

E. End of Tenancy

1. Notice to End Tenancy - Residential Unit - RTB 3

A landlord must use this notice to end a tenancy agreement, unless the tenancy is a fixed-term agreement that contains a predetermined expiry date and the tenant has agreed to vacate, or the landlord and tenant have agreed in writing to end the tenancy.

2. 12 Month Notice to End Tenancy for Conversion of Manufactured Home Park - RTB 31

Landlords must use this form to end a Manufactured Home Site Tenancy.

3. Mutual Agreement to End a Tenancy - RTB 8

Tenants and landlords may use this form to voluntarily end residential tenancies.

4. Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22

A landlord must use this form where a tenant was not available at the date(s) and time(s) first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.

5. Schedule of Parties - RTB 26

Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

F. Condition Inspection

1. Condition Inspection Report - RTB 27

Landlords and tenants or their representatives can use this form to record the condition of a rental unit at the time of move-in and move-out by the tenant. Both parties must participate in these inspections, in order to reclaim (tenants) or withhold (landlords) the damage deposit. It is therefore in the interests of both parties to complete these inspections carefully, and it is advisable to take photographs confirming the condition on both move-in and move-out.

2. Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22

A landlord must use this form where a tenant was not available at the date(s) and time(s) first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.

3. Schedule of Parties - RTB 26

Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

G. Other Forms

1. Notice Terminating or Restricting a Service or Facility - RTB 24

A landlord must use this form to terminate or restrict a service or facility to a rental unit or manufactured home site.

2. Request for Consent to Assign a Manufactured Home Site Tenancy Agreement - RTB 10

Use this form if you are a manufactured home owner and you are requesting the park owner’s consent to assign your site tenancy agreement to the purchaser of your manufactured home.

3. Request for Consent to Sublet a Manufactured Home Site Tenancy Agreement - RTB 25

A manufactured home owner may use this form to request a park owner’s consent to sublet a site tenancy agreement to the renter of the manufactured home.