Residential Tenancy Matters and the Impact of Covid-19 - Kelly Melnyk, Supervising Lawyer July 15, 2021 Contact us: 778-471-8490
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Residential Tenancy Matters and the Impact of Covid-19 Kelly Melnyk, Supervising Lawyer July 15, 2021 Contact us: 778-471-8490
Thompson Rivers University
Community Legal Clinic
(“TRU CLC”)
Introduction
2TRU CLC
TRU CLC is located in downtown Kamloops:
204 – 246 2nd Avenue
Kamloops, BC V2C 2C9
(778) 471 - 8490
Current services are being conducted on the phone or by Zoom
due to COVID-19
3About Us
The Thompson Rivers University Community Legal
Clinic (TRU CLC) is the first student-staffed free legal
clinic in the BC Interior. The students work under the
guidance of a team of supervising lawyers to provide
legal assistance and advice in a range of areas to
those who would otherwise be unable to afford legal
assistance.
4Our Purpose
The program enables students to use the law as a
tool for social justice by working with agencies and
local non-profit organizations to improve citizens'
access to the justice system, while the students
develop skills that will make them better lawyers in
the future.
5Who Can Use Our Services?
The service is free and to be accepted for ongoing
representation, clients must meet low-income financial
eligibility requirements. As well, a law student will
conduct an initial interview to determine eligibility based
on the nature and scope of the client's
issue.
6Intake Interview
An intake interview may be set up by calling the TRU CLC
switchboard. The appointment will not occur immediately; it
will usually be scheduled within a week. The purpose of the
intake interview is for TRU CLC to obtain enough
information to determine what assistance, if any, they will
be able to provide the client.
7What Kinds of Issues Can the TRU CLC Help
With?
• Full Representation in Litigation:
• Residential Tenancy;
• Employment Standards;
• Small Claims (civil claims under $35,000 only);
• Human Rights Claims; and
• Some Criminal Charges in Provincial Court.
8What Kinds of Issues Can the TRU CLC Help
With?
• Full Representation and Limited Assistance in
DRAFTING:
• Simple Wills – estate gross value under $25,000 and
no real property;
• Powers of Attorney (not if the client owns real
property) and Section 9 Representation Agreements;
• Advance Directives;
• Notices of Claim and Replies to Claim in Small
Claims or the Civil Resolution Tribunal;
• Financial Statements for both Supreme and
Provincial Court; and
• Forms for uncontested Desk Order Divorces.
9What Kinds of Issues Can the TRU CLC Help
With?
• Summary Advice, Limited Summary Advice, Summary
Information, or Immediate Close:
• Family Law Litigation;
• Probate or Estate Administration;
• Most matters within the jurisdiction of a superior level
court;
• Business and Commercial Law;
• Real Estate and Strata Matters;
• Personal Injury Claims;
• Issues Arising from Unionized Employment;
• Impaired Driving or Traffic Offences; and
• Complaints Against Dentists, Doctors, or Lawyers.
10TRU CLC
Residential
Tenancy Matters
11Most Common Issues We Deal With:
Evictions
• 10 Day Notices to End Tenancy for Non-Payment of Rent
• Section 46 Evictions
• One Month Notices to End Tenancy for Cause
• Section 47 Evictions
• Typically due to personal conflicts
• Two Month Notices to End Tenancy
• Section 49 Evictions
• Four Month Notices to End Tenancy (Renovictions)
• Section 49(6)
• Monetary Orders
• Section 38 – Failing to return damage deposits
• Section 51 compensation to tenant for failing to take steps to comply with
stated purpose of a Section 49 Eviction
12Most Common Issues We Deal With:
Compliance with the Residential Tenancy Act
• Neighbour Disputes
• Sometimes we can help, but more often it is an inter-personal matter that
contains little to no legal element.
• Quiet Enjoyment
• Section 28
• Typically due to personal conflicts
• Has the issue been raised with the Landlord? What steps were taken to fix the
problem?
• Repairs
• Section 32 and 33
• Landlord v Tenant Responsibilities
• Landlord Entry
• Section 29
13TRU CLC
New Legislative
Changes and
COVID-19
14New Legislative Changes
• The most important change that has arisen in the last
year is the change to evictions related to renovictions:
• Section 49(6) permits an eviction for the following
reasons:
• demolish the rental unit;
• convert the residential property to strata lots under the Strata
Property Act;
• convert the residential property into a not for profit housing
cooperative under the Cooperative Association Act;
• convert the rental unit for use by a caretaker, manager or
superintendent of the residential property; or
• convert the rental unit to a non-residential use.
15New Legislative Changes
• Coming into effect on July 1, 2021, the landlord must
first demonstrate to an arbitrator that the landlord
requires an order to end tenancy and for possession as
a result of one of the reasons outlined in s 49(6).
• Section 49.2 outlines what is required to obtain the orders:
• the landlord has all the necessary permits and approvals required by
law and intends in good faith to renovate or repair the rental unit(s);
• the renovations or repairs require the unit(s) to be vacant;
• the renovations or repairs are necessary to prolong or sustain the use
of the rental unit(s) or the building in which the rental unit(s) are
located; and
• the only reasonable way to achieve the necessary vacancy is to end
the tenancy agreement
16New Legislative Changes
• The landlord must satisfy the arbitrator that all four of
those criteria have been met before granting the orders.
• The order cannot end the tenancy earlier than four
months after it is made.
• BUT could alternate arrangements be made? Or does
the landlord simply think it will be easier or faster to do
repairs if the unit was empty?
• How long is actually needed for the renovations?
17New Problems
• Repayment plan issues have not materialized
• No evictions for unpaid Affected Rent –March 18, 2020 to August 17, 2020
• Rent increases were attempted before the freeze extended
• The Rent Freeze has been extended to December 31, 2021- NOT ALLOWED
to combine a 2020 increase with a 2021 increase
• We are seeing more issues with co-tenants and units that
have multiple tenancy agreements
• People are leaving to follow the work, not staying to finish the semester –
creates havoc for remaining tenants
• We are fielding a number of complaints about other
residents
• Noise complaints, not following COVID-19 protocols, and short tempers
18TRU CLC
COVID-19 Issues:
New Protocols
19New Protocols
• The RTB has really pushed the online platform to apply for
Dispute Resolution
• New RTB Dispute Form for current tenancy effective this month - #RTB-12T-
CT (2021/03)
• Bringing clients in briefly to swear the Statutory Declaration
• Service BC is still how we get clients to file (once they
reopened)
• All hearings by teleconference still but the student, client
and myself are in a larger conference room here
• Staying up to date on new Guidelines has greatly helped
streamline appearances
• Guideline 2B – Ending a Tenancy to Demolish, Renovate, or Convert a Rental
Unit to a Permitted Use
• Guideline 27 – Jurisdiction
20TRU CLC
COVID-19 Issues:
Practice Points
21Practice Points
• The RTB arbitrators follow their Guidelines more than
anything else
• They are not bound by RTB previous decisions
• Technically, they are bound by decisions of the Courts but
often still prefer to rely on their individual discretion and the
Guidelines
• Keep the client focused on the content of their evidence
package – anything beyond that will likely not be
considered
• The Statutory Declaration can help prevent the “Rogue”
client – viva voce evidence means surprises for you
22Question Follow-Up
• The RTA could apply to Independent Living Facilities, even
if they include a meal service.
• If a service that is included as part of the tenancy
agreement is changed or suspended, a tenant would have
recourse through the RTB: RTA, s 27.
• As with any complain regarding an ongoing tenancy, the
client should make a written complaint that outlines what
the complaint is and a request to correct the issue.
• If the landlord does not rectify the situation or
provide a satisfactory response to the complaint,
that written request can serve as evidence at a
hearing with the RTB.
23You can also read
