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{{LSLAP Manual TOC|expanded = landlord}}
CHAPTER 3 Residential Tenancy Act Coverage
==6. Subsidized Housing== 1Persons living in publicly subsidized housing paying rent on a scale geared to their income are excluded from the rent increase provisions. Two Methods They are also excluded from s 34 of Creating the RTA, which deals with assignment and subletting. Not all subsidized housing is directly operated by the B.C. Housing Corporation. For a Tenancy Relationship ===list of subsidized housing options, visit www.bchousing.org/Options/Subsidized_Housing/Listings
=B. Excluded Premises and Agreements=== a) By Formal Contract ==1. Tenancies, Co-Tenancies, and Licenses to Occupy==
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 interest is granted by 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, and includes a licence to occupy a contract known as rental unit. Each landlord must prepare a written tenancy agreement or leasethat complies with the RTA. Often However, even if the parties will enter into an express landlord does not prepare such a written tenancy agreement (see [[{{PAGENAME}}#C. Contractual Nature , the tenant is still protected by all of the standard terms contained in the Residential Tenancy Agreement | Section IIIRegulation.C: Contractual Nature It also does not apply to living accommodations in which the tenant shares bathroom or kitchen facilities with the owner of the Tenancy Agreement]])accommodation. The executed tenancy agreement governing the tenant’s possession question may be writtenarise as to whether or not a person living in a rental unit is a tenant, a co-tenant, a tenant in common or oralan occupant. Residential Tenancy Policy Guideline 9: Tenancy Agreements and Licenses to Occupy and Guideline 13: Rights and Responsibilities of Co-tenants may provide helpful guidance.Traditionally, the test to distinguish a tenancy from a license is whether or both (see not the s 1 definition occupant has exclusive possession of “tenancy agreement”). To be enforceablethe rental unit, taking into account the elements facts of each case and the intention of the parties. When a complete contract (offerperson shares a residence with the owner, acceptance, and consideration) must be present (see [[Chapter 9factors indicating a license include: Consumer Protection]]).
=== 42. Agreements for Lease (Also Known as Agreements to Lease, or Agreements for Tenancy) ===Non-Profit Housing Co-Operatives
== C3. Contractual Nature Strata Lots==A tenant in possession of a strata title lot (i.e. a condominium), whose landlord is the owner of the title and a member of the Tenancy Agreement ==strata, is subject to both the RTA and the Strata Property Act. This is a frequent source of problems for tenants. See RTB Policy Guideline 21: Repair Orders Respecting Strata Properties.
==4. Twenty-Year Term= 1. Freedom =Section 4(i) of Contract and the Agreement ===RTA provides that the RTA does not apply to a tenancy agreement for a term of over 20 years.
==6. Manufactured Home Owners== The RTA does not apply to tenancy agreements to which the Manufactured Home Park Tenancy Act applies, i.e. owners of manufactured homes who rent the site on which their homes sit (RTA, s 4(j)). If a person rents both a) Collateral Contract ====manufactured home and the pad it sits on, he or she is covered by the RTA.
=== 28. Terms, Covenants, Emergency Shelter and Conditions =Transitional Housing==Section 4 of the RTA states that the RTA does not apply to accommodation “provided for emergency shelter or transitional housing.” The exact bounds of the category of “transitional housing” are not entirely clear. Factors that arbitrators have referred to in determining whether housing is “transitional housing” include:
=C. Discrimination Against Tenants=== Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The remedy is a complaint under s 21 of the B.C. Human Rights Code, RSBC 1996, c. 210 [HRC]. Section 10(1) Express Terms and Obligations ====of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See Chapter 19: Human Rights for more information.