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More Victories Page 7
The following victory may change their situation in this park so that they can at last say that they have “Won the war”.
TRADEWINDS TENANTS v LANDLORD
The recent win for the Tradewinds MHP in Oliver is another example of victories that we are noting and celebrating.
In June they were awarded the decision in an arbitration in their favour. The Tradewinds' arbitration hearing was the result of their park Landlords making an Application for Dispute Resolution to obtain an Order for an Additional Rent Increase, as the Landlords claimed that the rent for the manufactured home sites in question (37 of the 53) are significantly lower than the rent payable for other manufactured home sites that are similar to, and in the same geographic area as the Tradewinds MHP.
The issue to be decided was, are the Landlords entitled to an Order to allow them to increase the rent for 37 of the 53 manufactured home sites located in their park, by an amount higher than provided for in the Manufactured Home Park Regulations, under Section 36 of the Manufactured Home Park Act?
After all the evidence, the decision stated that Section 37 of the Residential Tenancy Policy Guideline states that specific and detailed information, such as rents for all the comparable units in the residential property and similar properties in the immediate geographic area with similar amenities should be part of the evidence provided by the Landlord. It was stated "that if we were to allow Landlords to use only a sampling of rents that they themselves have increased, either recently or over the past year or two, would constitute a situation to create a monopoly."
The conclusion was that the Landlords had failed to prove the rent for the 37 rental units were significantly lower than the current rent payable for similar units in the same geographic area and the Landlords' application was dismissed without leave to reapply.
It was also ordered that the Landlords are restricted to implementing the 3.7% allowable rent increase plus proportional flow through expenses for 2009 in accordance with Section 34, 35 and 36 of the Manufactured Home Park Tenancy Act.