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MANUFACTURED HOME PARK TENANCY ACT
It is very important that
you know your rights and responsibilities as tenants/owners of a manufactured
home on a rental pad. It helps if you read the Act and the Regulations at
least once. You can always seek the guidance of a free Advocate if you
need help in interpreting and understanding the relevant parts that may concern
you. See the SeniorsAdvocate page to contact a free Advocate in Penticton.
The changes outlined
below are a big win for all tenants/owners of a manufactured home on a rental
- restrict the ability for landlords to use a vacate clause with fixed term leases, except in
specific circumstances that will be provided for by regulation;
- limit rent increases between fixed-term tenancy agreements with the same tenant to the maximum annual allowable amount;
- enable the Residential Tenancy Branch to take stronger action to enforce tenancy laws with repeat violators.
- the ability of a landlord wanting to get a rent increase on a unit claiming the rent is significantly lower than other similar rental units in the same geographic
area has been taken away from them.
Those would appear to be the three main changes, although tenancy agreements in Manufactured
Home Parks are generally on a month to month term and not a fixed-term.
Firstly, lets look at what has changed regarding Rent Increases.
4 — Rent Increases
landlord must not increase rent except in accordance with this Part.
and notice of rent increases
A landlord must not impose a rent increase for at least 12 months
after whichever of the following
if the tenant's rent has not previously been increased, the date on
tenant's rent was first payable for
manufactured home site;
Secondly, unless your tenancy agreement has a fixed term clause in
it, this change mainly affects renters who are not in a Manufactured Home Park.
Thirdly, the change enables the Residential Tenancy Branch to take stronger action to enforce tenancy laws with repeat
violators. Click on the link to Part 6.1, Administrative Penalties.
the other big change brought about by the recent amendment of the Acts and Regulations is that landlords are
now no longer able to apply for an additional rent increase based on the fact that the rent is significantly lower than other similar rental units in the same geographic area.
The BC Government brought about this change by
repealing Section 33 (1) (a) in Part 5 under the heading
Additonal rent increase, in the Manufactured Home Park Tenancy Regulation.
Under the Residential Tenancy Regulation, under Part 4, under the heading Additional rent increase, Section 23 (1) (a) was
This used to read as follows: "(a) after the rent increase allowed under section 22 (annual rent increase), the rent for the rental unit is significantly lower than the rent payable
for other rental units that are similar to, and in the same geographic area as, the rental unit;".