Author: Audrey Jun

Audrey Jun is the Clicklaw Program Coordinator at Courthouse Libraries BC. She manages Clicklaw, working to connect people across the varied public legal education landscape. Audrey was called to the BC Bar in 2014 and combines backgrounds in law, public legal education, and technology.

Residential Tenancy Rights: Where to go for help?

New on Clicklaw

apb_bannerBy Priyan Samarakoone
Program Manager, Access Pro Bono

The BC housing crisis has been fairly well documented in the news as of late and its ripple effect on subsidized housing is slowly rearing its ugly head. BC’s most vulnerable tenants are those hit the hardest by this trend.

It is commonly known that BC’s social housing providers are not able to keep up with the demand. As a result, many low-income tenants seek accommodation through private landlords in basement suites and split houses to cover the shortfall of available housing. This has provided a workable bridge to a long-term housing solution. Unfortunately, there is no long-term solution in sight. New property owners are faced with higher debt and some are unable to afford to rent out their new homes at the existing low rent. These landlords opt to move-in close family members or undertake significant renovations to force existing tenants out. Other new homeowners prefer to maintain the property for investment purposes and choose not to make them available on the rental market.

The increased market value of rental suites have also resulted in some Corporate Landlords having little tolerance for long term tenants who are effectively rent controlled under the Residential Tenancy Act (RTA). Tenants who have previously had little to no conflict with regards to their suites find themselves battling their landlords over minor lapses that weren’t strictly enforced in the past, such as being a day or two late in paying rent. These factors have combined to cause a spike in eviction notices being served on tenants in the recent months.

The RTA provides some safeguards but has an ultimate two-month notice period for landlords to end tenancies for their personal use of the property. The Residential Tenancy Branch (RTB), when dealing with such disputes, enforces strict deadlines and there are other technical steps involved in submitting evidence. It is imperative in this type of tribunal settings to get all the evidence required for the dispute before the arbitrator so that the issue may be correctly decided. If the evidence is not correctly submitted and an error is made at the tribunal, the prospect of success on a Judicial Review is significantly impaired. Unfortunately some landlords and tenants caught in this situation are unaware of their rights and uncertain of what resources are available to assist them deal with evictions. The RTB provides some information and so do organizations like the Tenant Resource and Advisory Centre (TRAC), but not enough is available by way of representation at RTB hearings.

Access Pro Bono (APB) has consulted with various stakeholders, including PovNet, TRAC, the UBC Law Students’ Legal Advice Program (LSLAP), and the Community Legal Assistance Society (CLAS) to assess the need for additional representation services. Although the existing non-profit organizations are providing invaluable assistance, additional legal representation services are imperative, as significant numbers of people are still unable to secure free legal advocates for hearings before the RTB.

With the assistance of TRAC and CLAS, APB is creating a program tailored to facilitate pro bono representation by lawyers and other legally trained advocates to low-income individuals (tenants or landlords) appearing before the RTB. APB will be launching our Residential Tenancy Program on August 31, 2016. This information will be made available via the Clicklaw HelpMap.

Clients interested in accessing our services will be subject to the standard intake protocol and will have to meet our income threshold. To determine eligibility please visit www.accessprobono.ca.

Lawyers interested in joining our RTP can contact APB at 604.482.3195 ext. 1513.

Please refer to the resources below for additional assistance.

Information on Tenancy Law

  • APB’s Summary Legal Advice Program: 604.878.7400 or 1.877.762.6664.

Representation

Stay informed with Access Pro Bono:

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2016 Bi-monthly Update Series: May-June

Get help using Clicklaw, New on Clicklaw

In our 2015 year-end update, we promised to provide bimonthly updates to new resources and services added to Clicklaw in those two months. Here is a sample from the hundreds of changes in May and June:

Jan-Feb | Mar-Apr | May-Jun | Jul-Aug | Sep-Oct | Nov-Dec

New Resources on Adult Guardianship & Enduring Powers of Attorney
by Nidus Personal Planning Resource Centre and Registry

 

Sponsorship Breakdown
by Legal Services Society

New French Edition added. Sponsorship Breakdown is for permanent residents and conditional permanent residents who need help when the person sponsoring them in Canada is no longer supporting them, and they are unable to support themselves. Explains what happens when a sponsorship breaks down, and how to apply for welfare.

 

Updated Dial-a-Law Scripts
by Canadian Bar Association, BC Branch

 

A Guide for Manufactured Home Park Landlords and Tenants in British Columbia
by BC Residential Tenancy Branch

This booklet provides a summary of the key features of the Manufactured Home Park Tenancy Act and how they affect landlords and tenants in manufactured home parks in British Columbia.

 

Roads to Safety: Legal Information for Older Women in BC
by West Coast LEAF

Roads to Safety is a legal handbook for older women in BC that covers legal issues that older women may face when they have experienced violence. It explains rights and options, using stories to illustrate the legal information.

 

Rise Women’s Legal Centre

Formed through a partnership between West Coast LEAF and UBC’s Allard School of Law to provides free and low-cost legal services to women. Services are provided by upper year law students, under the supervision of staff lawyers. Rise offers a range of services, from information and summary advice, unbundled legal services, and in some instances representation in court. Currently accepting appointments for Tuesdays and Wednesdays from May 24 to July 20; fall dates TBA.

 

Common Questions: In response to questions we have been asked repeatedly via email, reference or by webinar attendees, we added three new FAQs this June:

 


An Evaluation of the Clicklaw Wikibook JP Boyd on Family Law: Final Report
by Canadian Research Institute for Law and the Family

This study assesses outputs & outcomes of the JP Boyd on Family Law wikibook by analyzing data from Google Analytics and data collected from a pop-up survey of users, a follow-up survey administered 1 week later and a follow-up survey 6 months later, to gauge the efficacy of wikibooks as a collaborative PLE model.


Disclosing Your Disability: A Legal Guide for People with Disabilities in BC
by Disability Alliance BC

The guide discusses the legal rights and responsibilities around disclosure for people with disabilities in the context of employment.

 


HIGH STAKES: The impacts of child care on the human rights of women and children
by West Coast LEAF

This report is grounded in diverse women’s real-life stories about how the inadequacy of the child care system has impacted them and their children—undermining their safety, well-being, & human rights. The report analyzes the legal implications of these harms and calls for urgent government action.

 


Responding to Child Welfare Concerns: Your Role in Knowing When and What to Report
by BC Ministry of Children and Family Development

Updated for 2016, this booklet explains when to report child abuse and neglect, and what to report. Includes what child abuse and neglect is, warning signs, what to do if a child tells you about the abuse, and what to do if you suspect abuse. It also explains what to expect when you make the report and what happens next.

 

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Clicklaw Refresher (Webinar Recording)
by Clicklaw + LawMatters (Courthouse Libraries BC)

See the recording of our live 1-hr webinar for front-line community workers, advocates and public librarians. Learn how to search online for reliable legal information & help specific to BC, with an overview of how to use Clicklaw, the HelpMap, and the Clicklaw Wikibooks.

 

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Women and Family Law: Parenting Time and Parental Responsibilities (Webinar Recording)
by West Coast LEAF and Courthouse Libraries BC

See the recording of this live 1.5-hr webinar on recent changes to family law in BC and their impacts on the parenting experiences of women with abusive or harassing exes. Speaker Zara Suleman considers some common legal challenges including parenting assessment reports, denial of parenting time, relocating with a child, and litigation harassment. Zara offers lawyers and frontline service providers who assist women fleeing abuse effective strategies to cope with and address these issues.

 

Notice – BC Government URLs

You may have noticed that some of the links to websites hosted by the BC Government may be broken as they restructure. We are currently working with BC Gov website staff to keep links updated. For example, see the updated link to Family Justice in BC.

Stay informed:

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