Understanding the Residential Tenancy Act: Key Rules for Landlords and Tenants

Understanding the Residential Tenancy Act: Key Rules for Landlords and Tenants

For Tenants: Know Your Rights on Rent Increases

One of the most essential things tenants should know is that landlords cannot arbitrarily

increase rent. The Residential Tenancy Act specifies a fixed allowable rent increase percentage

that the government sets and cannot exceed yearly. This percentage is updated annually, so

tenants should always check the most recent figures to ensure they are charged correctly.

Tenants should also know that landlords cannot create side agreements to bypass this rule. For

instance, a landlord might propose a deal like, "If I give you access to the garage, can I raise the

rent by 10%?" Such agreements are not enforceable, as the law prohibits anyone from

contracting out of the prescribed rent increase rules. If you’re a tenant and encounter such a

scenario, you can reject the proposal and refer to the RTA for clarity.

For Landlords: Requirements for Personal Use of Property

Landlords planning to reclaim a rental property for their use or the use of a close family member

must follow strict guidelines under the Residential Tenancy Act. These rules prevent misuse of

this provision and protect tenants from being unfairly displaced.

Previously, landlords only needed to give tenants two months’ notice for such takeovers.

However, recent changes have extended this to a four-month notice period. Also, landlords

must compensate tenants with one month’s rent to assist with relocation expenses.

The Landlord Registration Portal

A new requirement for landlords is the use of an official registration portal. This portal is

designed to track properties and tenants and ensure landlords use valid reasons for

repossession. For example, if a landlord wants to claim a property for personal use, they must

register it on the portal and provide detailed information about the intended use.

The portal also ensures that the reason for repossession is valid. The law specifies that only

close family members—such as spouses or children—qualify under the "personal use"

provision. Extended family members like cousins, nieces, or nephews are not eligible. If a

landlord incorrectly applies for repossession citing such individuals, the application will be

rejected outright, and the landlord cannot proceed with the eviction.

Why Compliance Matters

Understanding these rules can help protect tenants against unlawful rent increases or evictions.

Staying informed and compliant is essential for landlords to avoid disputes or penalties. Both

parties are encouraged to consult the Residential Tenancy Act regularly to stay up-to-date on

their rights and responsibilities.

In conclusion, the Residential Tenancy Act ensures fairness and accountability in the rental

market. By knowing the rules, tenants and landlords can maintain better relationships and

prevent unnecessary conflicts. Awareness is the key to navigating these processes effectively,

whether it’s about rent increases, personal property use, or compliance with the new portal.

For Tenants: Know Your Rights on Rent Increases

One of the most essential things tenants should know is that landlords cannot arbitrarily

increase rent. The Residential Tenancy Act specifies a fixed allowable rent increase percentage

that the government sets and cannot exceed yearly. This percentage is updated annually, so

tenants should always check the most recent figures to ensure they are charged correctly.

Tenants should also know that landlords cannot create side agreements to bypass this rule. For

instance, a landlord might propose a deal like, "If I give you access to the garage, can I raise the

rent by 10%?" Such agreements are not enforceable, as the law prohibits anyone from

contracting out of the prescribed rent increase rules. If you’re a tenant and encounter such a

scenario, you can reject the proposal and refer to the RTA for clarity.

For Landlords: Requirements for Personal Use of Property

Landlords planning to reclaim a rental property for their use or the use of a close family member

must follow strict guidelines under the Residential Tenancy Act. These rules prevent misuse of

this provision and protect tenants from being unfairly displaced.

Previously, landlords only needed to give tenants two months’ notice for such takeovers.

However, recent changes have extended this to a four-month notice period. Also, landlords

must compensate tenants with one month’s rent to assist with relocation expenses.

The Landlord Registration Portal

A new requirement for landlords is the use of an official registration portal. This portal is

designed to track properties and tenants and ensure landlords use valid reasons for

repossession. For example, if a landlord wants to claim a property for personal use, they must

register it on the portal and provide detailed information about the intended use.

The portal also ensures that the reason for repossession is valid. The law specifies that only

close family members—such as spouses or children—qualify under the "personal use"

provision. Extended family members like cousins, nieces, or nephews are not eligible. If a

landlord incorrectly applies for repossession citing such individuals, the application will be

rejected outright, and the landlord cannot proceed with the eviction.

Why Compliance Matters

Understanding these rules can help protect tenants against unlawful rent increases or evictions.

Staying informed and compliant is essential for landlords to avoid disputes or penalties. Both

parties are encouraged to consult the Residential Tenancy Act regularly to stay up-to-date on

their rights and responsibilities.

In conclusion, the Residential Tenancy Act ensures fairness and accountability in the rental

market. By knowing the rules, tenants and landlords can maintain better relationships and

prevent unnecessary conflicts. Awareness is the key to navigating these processes effectively,

whether it’s about rent increases, personal property use, or compliance with the new portal.

Iven KS Tse Law Corporation

© 2024 Iven K.S. Tse Corp. All Rights Reserved.

Iven KS Tse Law Corporation

© 2024 Iven K.S. Tse Corp. All Rights Reserved.

Iven KS Tse Law Corporation

© 2024 Iven K.S. Tse Corp. All Rights Reserved.