Complaints about a landlord or close family member not moving in has led to wronged former tenants being compensated with 12 months rent.
They have asked for the B.C. Supreme Court to set aside the residential tenancy branch decision in what’s called a judicial review, arguing the notice of the hearing was sent to the wrong address, one at which they didn’t officially live, contrary to residential tenancy branch rules.
Tenants can only legally be given notice to leave a rental if the owner, or their or their spouse’s child or parent, plan to move in within a reasonable period after notice is given. B.C. court documents show a number of residential tenancy branch decisions ending up in the higher courts for review, but it not clear whether the number is up. The residential tenancy branch tracks outcomes of applications but couldn’t provide numbers on Friday. And it doesn’t track the number referred to a judicial review.Article content
The judge said the residential tenancy branch arbitrator didn’t consider extenuating circumstances, including difficulty in hiring tradespeople and permit problems with the city. That decision was upheld by the B.C. Court of Appeal.Article content
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