Policy Guidelines

Policy Guidelines are intended to provide a statement of the policy intent of legislation, in every day language. The Guidelines are also intended to help parties understand issues that are likely to be relevant, and what information or evidence is likely to support their positions at a dispute resolution hearing.

The Guidelines are available as individual documents (below), or as a single downloadable file. (PDF 2MB)

To view PDF files you will need Adobe Acrobat Reader.

1. Landlord & Tenant – Responsibility for Residential Premises Jan-04 (PDF)
   Clarifies the responsibilities of the landlord and tenant regarding maintenance, cleaning, and repairs of residential property and manufactured home parks.
   
   
2. Ending a Tenancy Agreement: Good Faith Requirement Mar-12 (PDF)
   Outlines when a landlord can end a tenancy in order to change the use of the residential unit or manufactured home park site.
   
   
3. Claims for Rent and Damages for Loss of Rent Jun-04 (PDF)
   Deals with situations where a landlord wants to hold a tenant liable for loss of rent after the end of a tenancy agreement.
   
   
4. Liquidated Damages Jan-04 (PDF)
   Addresses situations where a party attempts to enforce a clause in a tenancy agreement providing for the payment of liquidated damages.
   
   
5. Duty to Minimize Loss Jan-04 (PDF)
   Deals with the legal obligation of tenants and landlords to minimize their losses when a tenancy agreement is breached.
   
   
6. Right to Quiet Enjoyment Jan-04 (PDF)
   Deals with a tenant’s entitlement to quiet enjoyment of the property that is the subject of a tenancy agreement.
   
   
7. Locks and Access Jan-04 (PDF)
   Addresses the rights and obligations of landlords and tenants with respect to entry into a rental unit.
   
   
8. Unconscionable and Material Terms Oct-11 (PDF)
   Deals with unconscionable and material terms in a tenancy agreement.
   
   
9. Tenancy Agreements and Licenses to Occupy Jan-04 (PDF)
   Distinguishes a tenancy agreement from a license to occupy.
   
   
10. Bias and Conflict of Interest Jan-04 (PDF)
    Deal with situations where a party to a dispute resolution alleges that the dispute resolution officer is in a conflict of interest or is biased.
    
    
11. Amendment and Withdrawal of Notices Jan-04 (PDF)
    Addresses amending and withdrawing the Notice to End Tenancy and the Notice of Rent Increase.
    
    

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12. Service Provisions Mar-12 (PDF)
    Deals with the ways in which documents required or permitted to be given to a person under the Residential Tenancy Act and the Manufactured Home Park Tenancy Act must be served.
    
    
13. Rights and Responsibilities of Co-tenants Jan-04 (PDF)
    Clarifies the rights and responsibilities relating to multiple tenants renting premises under one tenancy agreement.
    
    
14. Type of Tenancy: Commercial or Residential Jan-04 (PDF)
    Outlines how dispute resolution officers determine if a tenancy is residential or commercial.
    
    
15. Summons to Testify Jan-04 (PDF)
    Deals with summonses requiring a person to testify or to produce documents or other things pursuant to the Residential Tenancy Act and the Manufactured Home Park Tenancy Act.
    
    
16. Claims in Damages Jan-04 (PDF)
    Outlines claims in tort, claims for breach of contract, types of damages, and the criteria dispute resolution officers may consider when awarding damages.
    
    
17. Security Deposit and Set off Jul-04 (PDF)
    Defines 'set-off' and addresses the issue of security deposits.
    
    
18. Use of Forms Jan-04 (PDF)
    Covers when a dispute resolution officer will issue an order based upon a previous form and when a dispute resolution officer will not accept an older version and require a landlord to serve a notice in the current form.
    
    
19. Assignment and Sublet Jan-04 (PDF)
    Addresses assigning and subletting tenancy agreements, and related issues.
    
    
20. Illegal Contracts Jan-04 (PDF)
    Deals with situations where a landlord rents premises in a circumstance where the rental is not permitted under a statute.
    
    
21. Repair Orders Respecting Strata Properties Jan-04 (PDF)
    Addresses situations where an application is made for an order requiring the landlord to make repairs to the rental unit, and the rental unit is a strata lot.
    
    

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22. Termination or Restriction of a Service or Facility Jan-04 (PDF)
    Covers the conditions under which a landlord may terminate a service or facility enjoyed by a tenant.
    
    
23. Amending an Application for Dispute Resolution Jan-04 (PDF)
    Addresses the circumstances under which an Application for Dispute Resolution may be amended.
    
    
24. Review consideration of a decision or order Jul-11 (PDF)
    Deals with the circumstances under which an application for review of a dispute resolution officer's decision may be made.
    
    
25. Requests for Clarification or Correction of orders or decisions Jul-11 (PDF)
    Concerns the power of residential tenancy dispute resolution officers to clarify or correct decisions or orders.
    
    
26. Agents Jan-04 (PDF)
    Addresses the issue of agents in residential tenancy agreements.
    
    
27. Jurisdiction Jun-11 (PDF)
    Addresses the jurisdiction of residential tenancy dispute resolution officers.
    
    
28. Pet Clauses Jan-04 (PDF)
    Addresses pets clauses in residential tenancy agreements in British Columbia.
    
    
29. Security Deposits Jan-04 (PDF)
    Concerns security deposits for residential tenancies in British Columbia.
    
    
30. Fixed Term Tenancies Feb-04 (PDF)
    Defines fixed term residential tenancy agreements. Also addresses ending and renewing fixed term agreements.
    
    
31. Pet Damage Deposits Jan-04 (PDF)
    Outlines when a pet damage deposit may be required, what it is intended to cover, and when the landlord can keep all or part of the deposit.
    
    

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32. Illegal Activities Jan-04 (PDF)
    Clarifies the meaning of "illegal", what may constitute "illegal activity" and circumstances under which termination of the tenancy should be considered.
    
    
33. Ending a Manufactured Home Tenancy Agreement – Landlord use of Property Jan-04 (PDF)
    Addresses ending a manufactured home tenancy so the landlord can put the property to another use.
    
    
34. Frustration Jan-04 (PDF)
    Concerns tenancy agreements and frustrated contracts.
    
    
35. Transition – Security Deposits Mar-04 (PDF)
    Contains information about security deposits and the transition between the old and the new Residential Tenancy Act.
    
    
36. Extending a Time Period Apr-04 (PDF)
    Outlines the exceptional circumstances under which a dispute resolution officer may extend or modify a time limit established by the Residential Tenancy Act or the Manufactured Home Park Tenancy Act.
    
    
37. Rent Increases Mar-12(PDF)
    This guideline deals with rent increases permitted under the Residential Tenancy Act and Manufactured Home Park Tenancy Act.
    
    
38. Repeated Late Payment of Rent Apr-04 (PDF)
    Concerns when a landlord may end a tenancy where the tenant is repeatedly late paying rent.
    
    
39. Direct Requests Oct-11 (PDF)
    Outlines the key elements to be taken into account when considering a direct request.
    
    
40. Useful Life of Building Elements Mar-12 (PDF)
    Provides a general guide for determining the useful life of building elements for considering applications for additional rent increases and determining damages.
    
    
41. Administrative Penalties Jan-12 (PDF)
    Concerns when the Residential Tenancy Branch may render an administrative penalty and if one is to be levied, how to determine the size of the administrative penalty as well as whether a penalty should be repeated on each day that it continues.