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 Posted: Fri Aug 22, 2003 11:07 am Post subject: Condo Rentals - leaky / repaired - landlord / tenant |
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Is it OK for me to rent out my leaky condo?
(See rental restrictions at a strata corporation also at this forum).
If you feel that your condo isn't a healthy place for you to live, why would it be any better for someone else? In addition to ethical considerations, you may be vulnerable to a toxic mold claim for personal injury and/or property damage by your tenant(s). It's not clear yet how such claims will be decided in Canada. Have a look at the Nigel Kent article under Toxic mold litigation overview and our Toxic Mold forum.
Certainly you are not alllowed to misrepresent the condition of your condo to tenants, but we're not sure what might constitute a proper warning of all the risks. Should you give them a copy of your strata's engineering report? There may also be some requirement for a landlord in addition to the condo owner's maintenance duties under the Strata Property Act to keep the unit in good repair. If the unit is left in a state of disrepair for an extended period while owners prepare for a building envelope upgrade, could tenant(s) reclaim some of their rent payments? We're not sure. There is much to consider in the way of liability in this type of arrangement.
The decision to rent your condo will also be subject to your strata corporation's bylaws. Type 'leaky and condo and rental' at the Courts of British Columbia Search Reasons for Judgment database. Read the judgments, then compare the facts with your own situation and your strata's rental restrictions. Here's what we got on Aug. 22/03:
| Quote: | Documents 1 to 7 of the best 7 matching the query "leaky and condo and rental".
New Query
1. 2002bcsc0924.htm
Abstract: Citation:. Owners, Strata Plan NW 375 v. Izowski. Date:. 20020620. 2002 BCSC 924. Docket:. L020099. Registry:. Vancouver. IN THE SUPREME COURT OF. BRITISH COLUMBIA. BETWEEN:. the owners, strata plan nw 375. petitioners. AND:. krystyn izowski, also known as christine grunau, dan alderman, and randy kinnee. respondents.
http://courts.gov.bc.ca/jdb-txt/sc/02/09/2002bcsc0924.htm - size 25720 bytes
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2. 2002bcsc0134.htm
Abstract: Citation:. Als v. Strata Corporation NW 1067. Date:. 20020129. 2002 BCSC 134. Docket:. L013649. Registry: . Vancouver. IN THE SUPREME COURT OF. BRITISH COLUMBIA. BETWEEN:. ROGER ALS. PETITIONER. AND:. THE OWNERS STRATA CORPORATION NW 1067. RESPONDENTS. REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE BURNYEAT.
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3. s99-1799.html
Abstract: Date: 19991126. Docket:. A991452. Registry: Vancouver. IN THE SUPREME COURT OF BRITISH COLUMBIA. BETWEEN:. RONALD TYRON WILLSON AND KARIN MARGOT WILLSON. PETITIONERS. AND:. THE OWNERS, THE HIGHLANDS STRATA CORPORATION (STRATA PLAN LMS 222) AND ASCENT REAL ESTATE MANAGEMENT CORPORATIONRESPONDENTS.
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4. s00-1155.htm
Abstract: Citation:. Hama v. Werbes. Date:. 20000727. 2000 BCSC 1155. Docket:. D107949. Registry: Vancouver. IN THE SUPREME COURT OF BRITISH COLUMBIA. BETWEEN:. NADIA HAMA. PETITIONER. AND:. KJELD WERBES. RESPONDENT. REASONS FOR JUDGMENT OF THE HONOURABLE MADAM JUSTICE BOYD.
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5. 2002bcsc0515.htm
Abstract: Citation:. Krahn v. Krahn. Date: 20020417. 2002 BCSC 515. Docket:. E1212. Registry: . Chilliwack. IN THE SUPREME COURT OF. BRITISH COLUMBIA. BETWEEN:. DONNA MARIE KRAHN. PLAINTIFF. AND:. DAVID RONI KRAHN. DEFENDANT. REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE M. c. KINNON. Counsel for the plaintiff:.
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6. s00-0422.htm Abstract: Citation:. Sapperton. v. Affordable Housing Assoc.. Date: 20000308. 2000 BCSC 422. Docket:. S046967. Registry: . New Westminster. IN THE SUPREME COURT OF. BRITISH COLUMBIA. BETWEEN:. SAPPERTON TERRACE HOUSING COOPERATIVE. plaintiff/. RESPONDENT. AND:. affordable housing advisory association. OF THE.
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7. 2002bcsc1513.htm
Abstract: Citation:. D.K.N. v. M.J.O.. Date:. 20020906. 2002 BCSC 1513. Docket:. E012397. Registry: . Vancouver. IN THE SUPREME COURT OF. BRITISH COLUMBIA. Oral Reasons for Judgment. The Honourable Madam Justice Martinson. September 6, 2002. BETWEEN:. D. K. N.. PLAINTIFF. AND:. M. J. O.. DEFENDANT. Counsel for the Plaintiff.
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| Quote: | | Note: The same search yielded 8 hits Sept. 27/05. |
Link to this entry
http://bccondos.ca/forums/viewtopic.php?p=185#185 |
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editor@bccondos.ca
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| Posted: Fri Aug 22, 2003 2:25 pm Post subject: |
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B.C. Residential Tenancy Office
This seems like a pretty good site, but let's test it by asking the leaky condo rental question at the two Lower Mainland RT offices:
| Quote: | b]From: editor [SMTP:editor@bccondos.ca]
Sent: Friday, August 22, 2003 2:30 PM
To: 'SGRTOSurrey@gems4.gov.bc.ca'
Cc: 'editor@bccondos.ca'
Subject: Is it OK to rent out my leaky condo?[/b]
Provided it doesn’t conflict with my strata corporation’s rental restrictions, is it OK if I rent out my leaky condo?
Thanks,
Editor@bccondos.ca |
And again:
| Quote: | From: editor [SMTP:editor@bccondos.ca]
Sent: Friday, August 22, 2003 2:29 PM
To: 'SGRTOBurnaby@gems9.gov.bc.ca'
Cc: 'editor@bccondos.ca'
Subject: Is it OK to rent out my leaky condo?
Provided it doesn’t conflict with my strata corporation’s rental restrictions, is it OK if I rent out my leaky condo?
Thanks,
Editor@bccondos.ca |
Let's see how long it takes to get a response.
Link to this entry
http://bccondos.ca/forums/viewtopic.php?p=186#186 |
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Editor
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| Posted: Fri Aug 22, 2003 2:48 pm Post subject: |
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More on Rights and Responsibilities of both landlord and tenant generally
| Quote: | | Note: Our results after testing a few of the 13 items listed at the Land Centre under Condominium Legislation indicate an unedited hodge-podge of material that is dated and often referenced to jurisdictions in other countries. We no longer recommend it as a source of information and have deleted previous links. |
Unfortunately, if you have questions, we warn you that it's probably impossible to get a written response from the Superintendent of Real Estate, but please let us know if you do.
| Quote: | | Note: When we searched FICOM, this week's provincial ministry for all things condominium, on Sept. 27/05, we found that puzzled condo owners no longer have a public office to which we may bring queries. The only help available is a link to various Instruction Guides pertaining to the Strata Property Act, a contact list that includes the Better Business Bureau, of all places, and a phone number 604-953-5300 without a name. |
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Guest
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| Posted: Fri Aug 22, 2003 2:52 pm Post subject: |
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The Residential Tenancy Office (RTO)'s snappy response:
Auto reply no. 1:
| Quote: | From: SG RTO Burnaby SG:EX [SMTP:SGRTOBurnaby@gems9.gov.bc.ca]
Sent: Friday, August 22, 2003 2:17 PM
To: editor
Subject: Autoreply Message
Thank you for your inquiry. This is an automated reply. Incoming mail is checked daily. We anticipate completing our response to you within 3 to 5 business days.
Thank you,
Residential Tenancy Office - Lower Mainland North |
Auto reply no. 2:
| Guest wrote: | From: SG RTO Burnaby SG:EX [SMTP:SGRTOBurnaby@gems9.gov.bc.ca]
Sent: Friday, August 22, 2003 2:17 PM
To: editor
Subject: Autoreply Message
Thank you for your inquiry. This is an automated reply. Incoming mail is checked daily. We anticipate completing our response to you within 3 to 5 business days.
Thank you,
Residential Tenancy Office - Lower Mainland North |
Questions from RTO Burnaby:
| Quote: | From: SG RTO Burnaby SG:EX [SMTP:SGRTOBurnaby@gems9.gov.bc.ca]
Sent: Friday, August 22, 2003 3:28 PM
To: 'editor'
Subject: Is it OK to rent out my leaky condo?
Put me in perspective, OK or not OK in what sense? Would you fully disclose all information to prospective tenants? Are you willing to offer consideration due to the physical condition of the condo or the possible inconvenience or future renovation and disruptions? Are you going to reflect all these when it comes to the signing of a tenancy agreement? |
Reply from RTO Surrey:
| Quote: | From: SG RTO Surrey SG:EX [SMTP:SGRTOSurrey@gems4.gov.bc.ca]
Sent: Friday, August 22, 2003 3:08 PM
To: ‘editor’
Subject: Is it OK to rent out my leaky condo?
Hello:
The provincial legislation governing tenancies is the Residential Tenancy Act. Section 10 of the Act requires a landlord to “...provide and maintain residential premises and residential property in a state of decoration and repair that (a) complies with health, safety and housing standards required by law, and (b) having regard to the age, character and location of the residential property, would make it reasonably suitable for occupation by a reasonable tenant who would be willing to rent it.” You may view this information on our website: www.pssg.gov.bc.ca/rto.
If you were to rent out your suite, your tenant could have the option of applying here for an Arbitrator’s Order that requires you by law to repair the suite to meet the standards indicated in Section 10 and possibly financial compensation. The municipality who determines the standards required for rentals in their community might also become involved if the premises do not meet their standards.
It might be useful for you to talk to your City Hall to determine what standards they require for rentals.
Duty Officer
Stephanie |
A second reply from RTO:
| Quote: | From: SG Residential Tenancy Office SG:EX [SMTP:SGResidentialTenancyOffice@gems6.gov.bc.ca]
Sent: Wednesday, August 27, 2003 9:20 AM
To: ‘editor@bccondos.ca’
Subject:Your email of August 8, 2003
Editor,
Thank you for your e-mail of August 8, 2003, regarding your question on the rental of leaky condos.
You ask if it is permissible to rent out a leaky condo provided it doesn’t conflict with the strata corporation’s bylaws. Section 10 of the Residential Tenancy Act (the Act) states, in part:
Duty to repair and keep clean:
(1) A landlord must provide and maintain residential premises and residential property in a state of decoration and repair that:
a) complies with health, housing, and safety standards required by law, and
b) having regard to the age, character and location of the residential property, would make it reasonably suitable for occupation by a reasonable tenant who would be willing to rent it.
(2) A landlord’s duty under subsection (1) (a) applies even though a tenant knew of the breach by the landlord of that subsection at the time the landlord and tenant entered into the tenancy agreement.
There is nothing in the Act that would specifically prohibit the renting of a leaky condo, if a tenant is willing to rent it; however, the landlord will be required to take reasonable steps to ensure that repairs are made in a timely manner. A term in a tenancy agreement that is in conflict with the Act is void and is not enforceable.
In addition, a tenant may seek a rent reduction or monetary reimbursement for any decrease in the value of the tenancy while repairs are carried out. For example, if a room is not usable during that period, the rent would be reduced for the period during which the room was unavailable. If the windows are covered by tarps, so as to eliminate the view and/or reduce air circulation, a reduction in value of the tenancy is likely to be found. It may be advisable to provide for such contingencies in the tenancy agreement.
Finally, the landlord could be liable for any damages suffered by the tenant because of the problems with the building. If the tenant’s furniture and possessions are damaged because of mold, the landlord may be liable for the costs of decontamination or the value of individual items that cannot be cleaned.
I hope this information is helpful. Thank you for your inquiry.
Residential Tenancy Office
Ministry of Public Safety and Solicitor General |
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editor@bccondos.ca
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| Posted: Fri Aug 22, 2003 4:46 pm Post subject: |
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Three cheers for the Residential Tenancy Office!
| Quote: | From: editor [SMTP:editor@bccondos.ca]
Sent: Wednesday, August 27, 2003 10:32 AM
To: 'SG Residential Tenancy Office SG:EX'
Subject:A most satisfactory response
Many, many thanks. That does indeed answer our question. We are, in truth, so impressed with our Residential Tenancy Offices, we wish you managed condominium inquiries, too, with extra staff, of course. We get almost no help from the Real Estate Supt.’s Office, the Finance Ministry or the Homeowner Protection Office. None of these is able to provide basic written answers to similar questions. Thanks again.
Ed. |
Clearly, both RToffices on the Lower Mainland are extremely effective. Wouldn't it be great if we had the same quality information service for condo law?
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http://bccondos.ca/forums/viewtopic.php?p=194#194 |
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| Posted: Wed Sep 03, 2003 4:54 pm Post subject: |
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Our heads-up to the B.C. Real Estate Council:
| Quote: | From: editor [SMTP:editor@bccondos.ca]
Sent: Wednesday, September 03, 2003 4:51 PM
To: 'lbuttress@recbc.ca'; 'jim1adair@rogers.com'
Subject: Leaky condos for rent
Hello,
We thought you might be interested in some comments we received recently at our Condo Law FAQs forum from the Residential Tenancy Office concerning leaky condo rentals. We’re concerned that a number of real estate ads allude to condos as investment or income properties. We know that a number of leaky condo owners have left their properties and either put them on the market or rent them out. Yikes! Realtors and buyers may be unaware of the health but mostly legal issues that arise in this type of transaction. Have a look. Any thoughts?
Editor@bccondos.ca |
| Quote: | | Note: When we revisited the council's website Sept. 27/05, we noted links to the new Real Estate Services Act effective January, 2005, including new rules applying to strata property management. We'll try to review these shortly and will publish our results here. Please check back for updates. |
| Quote: | Note 2: For more information on strata property management, see Instruction Guide #24 What to Know About Contracting with a Strata Property Manager, which we accessed Jan. 6/09. Note especially that Under the Act and Regulations a strata manager cannot:
· act as an arbitrator in an arbitration proceeding without the consent of all
parties;
· keep strata corporation records beyond four weeks after his or her termination;
· act as a proxy holder for any voter in the strata corporation;
· hold a hearing on behalf of the strata council to determine whether an owner should be permitted to rent on the basis of hardship despite there being rental restriction bylaw; and
· hold a hearing on behalf of the strata council to determine whether an owner or tenant has breached a bylaw or rule.
Under the Standard Bylaws, a strata manager cannot:
· determine if a person has contravened a bylaw or rule;
· determine if a person should be fined or determine the amount of a fine for the contravention of the bylaws or rules;
· determine if a person should be denied access to a recreational facility;
· hold a strata council hearing on behalf of the strata council; and
· spend strata corporation money:
- for a specific expenditure without a strata council resolution authorizing
the specific expenditure; or
- for general expenditures without a delegation of a general spending
authority by a strata council resolution. The resolution must set out the
maximum sums that can be spent, the purposes for which money can be
spent and any conditions that have to be met before money can be spent. |
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editor
Site Admin
Joined: 01 Dec 2003
Posts: 878
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| Posted: Sat Oct 06, 2007 1:18 pm Post subject: |
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| editor wrote: | Think again!
Thinking of advertising a unit in a leaker complex as a rental?
As still more tarps continue to go up over leakers throughout B.C., owners seeking to recoup their investment are putting their units up for rent. Not a good idea, as two e-mails from the Residential Tenancy Office explain above. Read our suggestion to advertisers regarding a rental unit at 1040 E. Broadway, a complex reported in mid-July, 2005 to be Under Tarps.
Follow the links to our e-mails regarding one advertisement for a unit at Mariner's Mews on East Broadway. |
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editor
Site Admin
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Posts: 878
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| Posted: Tue Jan 06, 2009 9:08 am Post subject: |
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cbc.ca/bc/GoPublic
Fake landlord takes cash from international students
Convict David Messina sublets condos while not paying rent to owners
By Kathy Tomlinson
Jan. 6/09
| Quote: | A B.C. condo owner is fighting to get her downtown Vancouver property out of the hands of a convicted criminal who posed as a tenant and leased her suite, then turned around and rented it out to several students from Japan and Korea — while not paying rent to her.
"He rents it to like five people at a time," owner Elisabeth Fox said. "He puts two people in the den, two people in the bedroom and one person in the living room. And he's not living there. "It's a terrible situation," she added. "I don't get paid. I have to pay a mortgage out of my pocket, and these young students ... live like rabbits in this place. He keeps on showing it to other people, and he keeps on stuffing people in there."
RTB records show that earlier last year he was evicted from two other downtown condo units for not paying rent — where he had also been subletting to several people. The two other condos are owned by Su Hua Lee, who lives in China.
'Why would I pay her? She's tried to kick me out. I never started this.'
Messina has a criminal record of fraud and other convictions. He boasted to CBC News that his sublet "operation" is lucrative, netting as much as $1.2 million a year, and that he treats the foreign students well. "I supply the services," he said. "I give people what they want. The students, they get everything that they want." However, surveillance video from the lobby of Fox's building on Dec. 14 shows Messina arguing with a young East Asian woman. Another tenant called police, and Messina was charged on allegations he threatened and assaulted the woman, who was trying to get money back from him. Messina was to appear in court Tuesday.
"The police were called four times already," Fox said. "Everybody's really scared of him."
Messina said he doesn't pay rent on suites when landlords like Fox hassle him.
"I've been doing this for years," Messina said. "The landlords, they are getting a little bit too aggressive," he added. "Do you understand? They are getting too aggressive." When asked why he hasn't paid the $1,500 rent to Fox for several months, he answered, "Why would I pay her? She's tried to kick me out. I never started this. She brought this all upon herself … by renting to me." (emphasis added)
"Great for international students," one of Messina's ads read. He allowed a CBC News camera into the suite owned by Fox. There were mattresses in the living room and one in the small den. Four tenants were living in the 570-square-foot, one-bedroom unit, including student Hyojin Jang, who said he came to Canada from Korea in October.
"We are international students and we are not good at English," Jang said. "We are not strong in this city.... We don't know about our rights in this city, and so this is a little bit hard." Jang said he worries that if he has to leave, Messina won't give his deposit back. He said has no other money and nowhere else to go. "I have no choice, because I already paid him," Jang said. Twenty-one-year-old Kazuki Tsukahara of Japan also rented a room in Fox's condo from Messina in November, along with three other ESL students. He said Messina kicked them out before the end of that month and kept the $560 they each paid for rent, plus their $350-per-person deposits. "I didn't have any money and I couldn't find a new apartment," said Tsukahara, whose mother sends him money from Japan. He said he had to move in with a friend.
"I didn't go to the police because they can't do anything," he added. (emphasis added)
"I just couldn't believe that somebody would be so mean to other people," said Fox, who lives in Lions Bay, northwest of Vancouver. "You know what? I would almost like to bring [the international students] up to my house. If I lived in Vancouver, I would actually have them in my house." Fox said she tried to get the Vancouver police to investigate Messina's operation, but said they told her it is a civil matter, and that she must go through the RTB to evict him. That process has taken four months so far, and he's still not out — and still renting the rooms. (emphasis added)
"You get a letter and then you are being served or you are being phoned or you have to call in for a conference call," she said. "It is all time which allows him to make money. He knows he is going to be evicted." Messina "is an artist at working the system," she added.
"It took us six months to get rid of him and cost the owner $30,000," said Brian Lee, who represented Chinese landlord Su Hua Lee, who rented her two suites to Messina last year. "The problem lies mainly with our justice system," Lee said. "Terrible. There should be a faster method to deal with people like this. It left a really bad taste."
Vancouver police media liaison Const. Jana McGuinness confirmed police generally don't take on cases like this, because proving intent is difficult. "It will come down to proving that a fraud occurred, proving that there was intent there to defraud," McGuinness said. "It's fairly complicated. These can be lengthy investigations."W hen asked by CBC News whether he feared the police would look into what he is doing, Messina answered, "Why would the police get involved? It's a civil matter. They say every block has a dope operation," he added. "I think that sounds like it's a little bit worse than what I'm doing."
Messina later said his biggest concern about publicity is that others will learn how his business operates, and he'll get unwanted competition from copycats. (emphasis added) |
What the six-page Residential Tenancy Agreement has to say about the 'arrangement':
| Quote: | 9. ASSIGN OR SUBLET
1) The tenant may assign or sublet the rental unit to another person with the written consent of the landlord. (emphasis added) If this tenancy agreement is for a fixed length of 6 months or more, the landlord must not unreasonably withhold consent. Under an
assignment a new tenant must assume all of the rights and obligations under the existing tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent. ...
3. RENT (please fill in the information in the spaces provided)
a) Payment of Rent:
The tenant will pay the rent of $ each (check one) �� day �� week �� month to the landlord on the first day of the rental period which falls on the (due date, e.g., 1st, 2nd, 3rd, .... 31st) day of each (check one) �� day �� week �� month subject to rent increases given in accordance with the RTA.
The tenant must pay the rent on time. If the rent is late, the landlord may issue a Notice to End Tenancy to the tenant, which may take effect not earlier than 10 days after the date the notice is given. (emphasis added) |
About fraud and false pretence under Canada's Criminal Code:
| Quote: | SUMMARY - FRAUD & FALSE PRETENCE
False pretence - definition
Sub-section 361(1): representation of fact past or present by word or otherwise known to be false with fraudulent intent to induce someone to act.
Paragraph 362(1)(a) - elements
by false pretence obtains anything for which a theft may be committed
or causes to be delivered to another person
Sub-section 362(2)- punishments
over $5000.00 - indictable - maximum ten years.
under $5000.00 - dual procedure. Indictable - maximum two years.
summary conviction - general penalty.
Paragraph 362(1)(b) - obtain credit by fraud or false pretence.
Paragraph 362(1)(c) - making false statement in writing.
Paragraph 362(1)(d) - knowing a false statement in writing was made.
Sub-section 362(3) - punishments
indictable - maximum ten years.
Sub-section 362(4) - nsf cheques/reverse onus
Sub-section 380(1) - fraud
by deceit, falsehood or other fraudulent means,
whether or not a false pretence,
defrauds the public or any person
of property, money or valuable securities.
Paragraph 380(1)(a) - over $5000.00
indictable - maximum ten years
Paragraph 380(1)(b) - under $5000.00
dual procedure - indictable - maximum two years.
summary conviction - general penalty Section 787 C.C.
Sub-section 364(1)
fraudulently obtaining food and lodging.
summary conviction - general penalty
Sub-section 366(1) forgery
Sub-section 366(2) making false document
Sub-section 367(1) - punishment
indictable - maximum 14 years
Sub-section 368 uttering a forged document.
dual procedure offence - maximum 10 years. |
... Something smells there, doesn't it? Have landlords somehow been complicit in the scheme, one wonders? We anxiously await an update. Please check back soon for more on the story.
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editor
Site Admin
Joined: 01 Dec 2003
Posts: 878
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| Posted: Tue Feb 10, 2009 10:00 am Post subject: |
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From Welcoming the World to Winter Olympics 2010:
'BILLY landlords threaten to cash in on Winter Games:
'I'm worried about an outrageous Olympics 2010 rent increase!'
From the always helpful B.C. Residential Tenancy Branch:
| Quote: | 1.3.1 How much can rent be increased for a residential tenancy?
Residential tenancy landlords can increase rent annually by a percentage equal to the inflation rate plus two percent without tenants disputing the increase. The total allowable rent increase for each calendar year is available on the Residential Tenancy Branch website in September of the previous year, under the heading “News”.
If the landlord charges an amount in excess of the inflation rate plus two percent, the tenant does not have to pay the excess rent unless the tenant has been served with a dispute resolution officer's order allowing the rent increase.
See also:
Form RTB-7: Notice of Rent Increase - Residential Rental Units (PDF) Policy Guideline 37: Rent Increases (PDF) |
From the News link:
| Quote: | Allowable Rent Increases for 2009
September 2, 2008
Conventional Residential Tenancies:
For a conventional residential tenancy rent increase that takes effect in 2009, the allowable increase is 3.7 per cent. ...
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and:
| Quote: | 1.3.3 Can a landlord request a larger rent increase than the allowable amount?
Residential tenancy landlords can ask a dispute resolution officer to allow a larger increase, using the Application for Additional Rent Increase form, if the landlord has completed significant repairs or renovations that could not reasonably have been foreseen and are not recurring with a reasonable time period, incurred a financial loss from an extraordinary increase in operating expenses, or incurred a financial loss from an increase in financing costs that could not have been reasonably foreseen.
A landlord seeking an additional rent increase under the above grounds must make a single application to increase the rent for all units in the building.
A residential tenancy landlord can also seek an additional rent increase if the rent for a rental unit is significantly lower than that of similar units in the area. A landlord who, as the head tenant of a rental unit, receives an additional rent increase can also apply for dispute resolution for an additional rent increase on that basis to increase the rent to a subtenant. |
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editor
Site Admin
Joined: 01 Dec 2003
Posts: 878
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| Posted: Tue Jun 16, 2009 12:58 pm Post subject: |
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From Rent - DON"T buy a B.C. leaky condo!
Red Roses for Me
Audio CD
The Pogues
Featuring The Boys From the County Hell
| Quote: | Boys From the County Hell
... At the time I was working for a landlord
And he was the meanest bastard that you have ever seen
And to lose a single penny would grieve him awful sore
And he was a miserable bollocks and a bitch's bastard's whore
And it's lend me ten pounds, I'll buy you a drink
And mother wake me early in the morning
I recall we took care of him one Sunday
We got him out the back and we broke his fucking balls
And maybe that was dreaming and maybe that was real
But all I know is I left that place without a penny or fuck all
And it's lend me ten pounds, I'll buy you a drink
And mother wake me early in the morning |
The Hook
Market catches up to long-term tenants
Rents to rise 38 per cent
By Jackie Wong
April 24/09
| Quote: | An eight-month tenant-landlord battle in Vancouver’s West End came to a head this week following the public release of an April 2 decision from the Residential Tenancy Office (RTO) that allows the new landlords of the Seafield apartments to issue 38 per cent rent increases to nine of the 14 units in the 77-year-old heritage building. The hikes are lower than the 73 per cent increases originally requested by new landlords Jason Gordon and Chris Nelson, brothers-in-law and former internet gaming executives who bought the building last summer and have since been trying to bring rents up to what they see as market rates.
Seafield tenants, the oldest of whom have lived in the building for nearly 50 years, have been fighting what first seemed like evictions for renovations (what they called ‘renovictions’) and then the 73 per cent rent increases disputed during a March 11 conference-call hearing between 18 tenants, Gordon Nelson Investments, and a dispute resolution officer. Tenants are currently unable to comment further as they are seeking legal advice and a potential judicial review of the decision, but advocates say the decision marks the effective end of rent control in the province.
“I have spent the last three years of my life asking the BC Liberal government to review the [Residential Tenancy] Act, to remove sections that are causing evictions and $500-a-month rent increases. They will not do it,” Sharon Isaak told reporters yesterday. Isaak co-founded Renters at Risk, a local tenant rights advocacy group, when she and her neighbours were served floor-by-floor eviction notices in their West End apartment building in 2006. Isaak and her neighbours fought the case at the Residential Tenancy Office and, after a lengthy battle, won. “I encourage every renter in this province to wake up…this decision signals the end of rent control as we know it.” (emphasis added)
Vancover-Burrard MLA and Vancouver-West End NDP candidate Spencer Herbert has been lending support to Seafield tenants through their struggle and, in efforts to provide better security to long-term renters, introduced a private members’ bill in the legislature last fall called the Long-Term Renters Protection Act. “Basically, the floodgates are open now for big landlords to seek massive rent increases for tenants province-wide,” he said. “We’re calling for a balanced Residential Tenancy Act between landlords and tenants. Obviously, landlords need to be able to make money. We’re not against yearly rent increases. We just think they need to be balanced.”
Despite the 38 per cent increases that have some Seafield tenants paying up to $500.00 on top of their regular monthly rent, Gordon Nelson Investments partner Chris Nelson says the new rents are still not up to market rates. “In the case of the two-bedroom units, we’ve rented a unit for $1850 a month. So it’s still $400 less [than market rates], so still a big subsidy to the tenants,” he told the Tyee. He called the Seafield case a “messy battle” that involved tough dealings with the tenants.
... The Seafield decision document from the Residential Tenancy Office suggested that tenants were making a good-faith argument that is not part of the Residential Tenancy Act. “There is nothing in the Act which prohibits landlords from working to maximize their profits,” the arbitrator wrote in the decision.
Christine Ackermann, Renters at Risk member and founder of political tenants’ rights website Renters Fight Back, says her efforts to call on B.C. housing minister Rich Coleman to change the Residential Tenancy Act have fallen flat. “When we asked them to make simple legislative changes, [Coleman] refused…He doesn’t want this to happen,” she said. “Well, parents, listen up: your kids will never be able to leave home. They will never be able to afford the high rents in this province. And while you’re at it, you better get your basements ready, because your grandparents are moving in, too. The seniors can’t afford this rent. This is a sham.” |
Link to this entry
http://bccondos.ca/forums/viewtopic.php?p=1531#1531 |
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