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Practical BC rental knowledge

Landlord's Corner

Clear information, experienced perspectives and useful services for the people who provide and rent homes throughout British Columbia.

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Newsletter Library

More practical guidance from Al Kemp.

Browse Al's two newsletter series: general residential rental guidance in Al's Almanac and manufactured-home community guidance in Kemp's Korner.

Did you know?

Useful for both sides of a tenancy.

Each topic includes the practical point for housing providers and the corresponding point tenants should understand.

01

Withdrawing a Notice to End Tenancy

Why one party generally cannot retract a notice without the other party's agreement.

Read the summary → 02

The Four-Part Test for Compensation

The four questions that help determine whether a monetary claim can be supported.

Read the summary → 03

Two Opportunities for an Inspection

How the initial proposal, counter-offer and final written opportunity fit together.

Read the summary →
01

Notice to end tenancy

Can a notice be withdrawn after it is given?

A landlord or tenant generally cannot withdraw a notice to end tenancy unilaterally. Before its effective date, withdrawal requires the consent of the person who received it. The agreement should be documented in writing and signed by both parties.

For landlords

Do not assume a tenant's attempted retraction automatically cancels the original notice. Decide whether you consent, respond clearly and keep the written record.

For tenants

If circumstances change, contact the landlord promptly. A change of mind alone does not cancel the notice; obtain clear written agreement if the landlord consents.

Official reference: Residential Tenancy Policy Guideline 11 - Amendment and Withdrawal of a Notice to End Tenancy.

02

Compensation for damage or loss

The four questions behind a monetary claim.

A party seeking compensation should be ready to establish four things: non-compliance with the legislation or tenancy agreement; resulting loss or damage; the amount or value of that loss; and reasonable steps taken to minimize it.

  1. Was there non-compliance?Identify the obligation that was not met.
  2. Did it cause loss or damage?Show the connection between the conduct and the claimed loss.
  3. Can the amount be proven?Use receipts, estimates, photographs, records or other reliable evidence.
  4. Was the loss minimized?Explain the reasonable steps taken to prevent the loss from becoming greater.

For applicants

Organize the evidence around all four questions before filing. A claim is only as strong as the records supporting both responsibility and value.

For respondents

Review whether each part has actually been established. A disagreement about compensation often turns on causation, proof of amount or mitigation.

Official reference: Residential Tenancy Policy Guideline 16 - Compensation for Damage or Loss.

03

Condition inspections

What do “two opportunities” really mean?

The process begins with an attempt to agree on a reasonable inspection time. The landlord proposes the first opportunity. If the tenant is unavailable, the tenant may suggest an alternative. If agreement still cannot be reached, the landlord provides the second and final opportunity using the approved RTB-22 form.

1

Initial proposal

The landlord proposes one or more dates and times. Unless the parties agree otherwise, an inspection is scheduled between 8 a.m. and 9 p.m.

2

Tenant's alternative

If unavailable, the tenant may propose another time and the landlord must consider it.

3

Final opportunity

If no agreement is reached, the landlord uses Form RTB-22 to provide a different, second opportunity.

4

Document the process

Both parties should retain scheduling communications and the completed condition inspection report.

Official references: Residential Tenancy Regulation, section 17 and Form RTB-22.

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