JonboyE

^^^^

Agreed. There is a lot of useful information on the Residential Tenancy Office website about landlord's and tenant's rights and obligations.

It is a must read before you start. http://www.rto.gov.bc.ca/

helcat12

Thanks to you both for this link.
It does state in Section 9 that the tenant is allowed to sub-let if the tenancy is for 6 months or more. I can assume then, based on what you have said earlier that there is no right to this for any term under 6 months?
Any other caveats from you experienced folks?
You have both been really helpful - Thanks!

JonboyE

If the term is less than six months the the landlord can refuse to accept an assignment or sub-let without giving a reason. If it is more than six months the landlord must have proper justification for refusing to do so.

I assume this is the reason RICH offers 5 month + 30 day tenancies.

There is no automatic right for the tenant to assign or sub-let a month to month tenancy. A month to month agreement gives slightly less protection to the landlord because the tenant can move out on a month's notice. However, do you really want to force a tenant to live in a unit they either can't afford or don't want?

R I C H

Correct - it's long enough to keep a tenant happy that they've a roof over their head (and remember that they are entitled to 3 months notice), and if all is going well it's easy enough to renew for another 5 months and 30 days.

helcat12

A roof!?
They'll want jam on it next!
They get 3 months notice on a sub-6 month contract? That seems a bit unnecessary. I would have thought that unless they do something in breach of the tenancy agreement, they should be fine until the contract is up for renewal, but if them's the rules, them's the rules.
I am fine with that.
Can the tenant get to the end of the contract and just decide not to renew, or can the landlord do likewise, or does there have to be this notice period prior to that?
I thought that it couldn't be simple.....

JonboyE

If you opt for a fixed term contract, instead of a month to month one, then you have a further choice to make:

1 At the end of the fixed period the tenancy defaults to a month to month basis, or

2 At the end of the fixed period the tenant has to leave.

This has to be decided beforehand and is in the agreement you and the tenant sign. If you have chosen option 2 and both you and the tenant are happy to carry on there is nothing to stop you agreeing another fixed term tenancy.

Novocastrian

Just remember never to take a new tenant on September 1st. Because 5 months plus 30 days is more than 6 months in that case.

helcat12

Well spotted! Thank you!
I am getting on the advert at the moment as well. Wording is important.

canadian_critic

Good luck with it. If people on this forum know you have a rental suite, then some of your traffic will come this way. Good advice from others, and interesting 6 month rule. Lots of rules to follow but it seems fair on both landlord and tenant.

Novocastrian

I coulda bin a lawyer.

helcat12

Does anyone know what the responsibilities of a landlord are regarding the inspection and servicing of gas appliances in Canada?
I am looking into when the appliances in this property were last inspected and/or serviced and assumed there would be some law for H&S reasons as there is in the UK for rental properties, but I can't find anything to confirm this.

Almost Canadian

I don't know about that, 5 months and 30 days is still less than 6 months whenever it begins - maybe

I'd ask a lawyer, most of them need the work you know

Steve_P

If B.C. is anything like Alberta there is no requirement to have any gas appliance inspected once they've been installed.

See this thread from December 2010. http://britishexpats.com/forum/showthread.php?t=695335 Note post number 16

Steve_P

I'm sure there are lots of people that feel that way.

No offense AC just too good to let go.

Almost Canadian

Lots of people would make better lawyers than most lawyers - whether they could put up with the tedium is another thing.

I never wanted to be a lawyer, either side of the Atlantic but I can't sing or dance

Anyway, thread drift