B.C.'s Residential Tenancy Branch (RTB) didn't believe a landlord intended to move their daughter into a rental unit after allegedly requesting a rent increase above the allowable amount.
A tenant applied for dispute resolution with the RTB to have their landlord's notice to two and four-month notices to end the tenancy cancelled, while the landlord requested an order of possession for the two-month notice.
The tenancy started on Feb. 25, 2020, with a monthly rent of $1,200 and a damage deposit of $650. The landlord served the tenant a four-month notice to vacate the unit, and they wrote on the notice that they planned on converting it for use by a caretaker, manager, or superintendent. They verbally told the tenant it was because they planned to have their daughter move in but issued the four rather than two-month notice to allow the tenant additional time. However, the second piece of information was not written down or included in the notice the tenant provided.
The landlord issued the four-month notice on Feb. 24, 2024, stating they wanted to move their daughter into the unit because she currently lives in the landlord's garage with her boyfriend. The landlord said there are other units her daughter could occupy but this suite is "nice" and also the tenant paid rent late twice. However, the landlord didn't provide any evidence of these claims.
The tenant testified that the landlord had verbally requested a rent increase well above the allowable limit, a $200 increase in February 2024. The renter refused, informing the landlord about the limit and that the rent increase must provided on a written notice. The day after this conversation the tenant said the landlord issued the notice to end the tenancy. They believed the landlord decided to oust them to get a new tenant to pay a higher rent.
The landlord denied verbally requesting the rent increase.
The residential Tenancy Branch sides with the tenant and said the landlord acted in "bad faith"
Since the landlord admitted they did not issue the four-month notice for the use stated on the appropriate form, the RTB arbitrator approved the tenant's application to cancel it. They admitted stating that to give the tenant more time.
Section 49 of the Residential Tenancy Act (RTA) states that a landlord "may issue a two-month notice to end the tenancy if the landlord or a close family member is going to occupy the rental unit."
If the tenant disputes that the notice was issued in good faith, the landlord must prove that they issued it for the intended purposes. The landlord failed to prove "that they have an honest intention of moving their daughter into the rental unit" and did not provide documentary evidence to support their claims.
"The Landlord did not provide any documentary evidence that they have a daughter, that their daughter requires the rental unit to live in, or that their daughter plans to move. The landlord’s testimony was not detailed or specific and did not convince me that their daughter will move into the rental unit," the arbitrator stated in their ruling.
"I found the Tenant’s testimony about the Landlord’s attempted verbal rent increases without issues a written notice of rent increase, and the Tenant’s recent refusals to pay this increase, convincing and credible."
The arbitrator found it likely that the tenant’s low rent and the potential for the landlord to earn more rent for the unit was an ulterior motive for ending the tenancy.
The tenant's application to cancel the landlord's two- and four-month notices under section 49 of the Act was granted on May 15, 2024. The landlord’s application for an order of possession for a two-month notice was dismissed, without leave to reapply.
