Fixing A Loophole – B.C. To Restrict Fixed-Term Residential Leases

On October 26, 2017, the provincial government introduced Bill 16, which amends the Residential Tenancy Act (RTA) and other acts. The proposed amendments were introduced in the context of public concern about alleged loopholes in the RTA relating to fixed-term leases and rent control. The government's intention with these changes is to prohibit a practice apparently used by some landlords to bypass rent control by requiring an existing tenant to sign a new lease for the same rental unit at a rent higher than permitted by the legislation. Bill 16 is expected to pass and become law in the near future, fulfilling a campaign pledge from the last provincial election.

FIXED NO MORE

Bill 16 will eliminate the RTA provision that currently permits landlords to require that tenants vacate the rental unit at the end of the fixed term. Consequential changes are made to the provisions setting out when a tenancy agreement ends and when a landlord can seek an order of possession.