Tenancy agreement breach последствия Канада
Тема: Breach of Tenancy Agreement?!
- Линейный вид
- Комбинированный вид
- Древовидный вид
Breach of Tenancy Agreement?!
Как сделать все по закону?
Как расторгнуть безболезненно tenancy agreement с наименьшими потерями, жить за счет депозита (когда plumber ремонтировал отопление он сильно испачкал 2 ворот в огороде с двух сторон-и он это признает-но ландлорд заявила, что я должен за это платить т к она мне сдала дом с чистыми воротами) и/или, как минимум, признать договор недействительным, наверняка что-либо нарушающим?
У меня в контракте написано, что если я его расторгаю, то должен послать 2 мес нотис, НО НЕ В ПЕРВЫЕ 10 МЕСЯЦЕВ.
В доме серьезные проблемы с отоплением. Зимой +9-+15 даже если бойлер весь день включен на максимум-одна батарея абсолютно холодная, даже после замены на новую (всю вентиляцию заклеил-не помогает).
Получил 3 письменные рекомендации от Бритиш газ на промывку системы центрального отопления (POWERFLUSH), но ландлорд не хочет деньги тратить, т к собирается дом продавать.
Устно ландлорд предлагала мне дать 1 мес нотис и съезжать.
Я прожил 8 месяцев, послал 2 мес нотис, но похоже ландлорд хочет денег за 11 и 12 месяцы-звонят какие то люди по телефону, говорят про 12 мес контракт.
Что мне делать, не хотелось бы опять мерзнуть с маленьким ребенком и потерять депозит за 5 недель?
ЗЫ.Citizen Advice Bureau не предлагать-они тупо смотрят в договор и говорят, что я должен жить 12 мес. Я показывал им на пункт-
«The Landlord herebly agrees with the Tenant as follows:
(d) To return to the Tenant any rent paidfor any period while the Property
is rendered uninhabitable or inaccessible by reason of fire or other risk insured against (unless the result of an act of default by the Tenant)/ Any disute as to the amount to be submitted to arbitration»
-Говорят крыша в доме не разрушилась-значит жить можно
ЗЫ. Кстати у ландлорда не оказалось подписанных до моего въезда
a valid gas, fire and electrical safety certificates for any gas appliances in the property. Before the search for tenants can commence, a landlord must first ensure that the property meets all legal safety requirements.
— о сантехнике и ущербе. ущерб должен возмещать сантехник либо его страховка. то, что он признает ущерб, — уже полдела. но нужно заставить его устранить ущерб (оплатить покраску, например). переговоры с ним должен вести тот, кто его нанимал. ремонты в доме должен вести хозяин, поэтому обычно все претензии улаживает он же. видимо, сантехника нанимали вы. примерный план действий: получить оценку ремонта у маляров, выставить претензию сантехнику (с копией хозяину) и заставить сантехника оплатить ремонт.
— о депозите. похоже, что «за счет депозита» жить не получится, т.к. депозит берется не как гарантия неоплаты, а как гарантия порчи. из этого депозита хозяин вычтет, например, стоимость покраски ворот, если ущерб не будет устранен.
— о сроке уведомления. если в контракте 10 месяцев, то, похоже, жить придется 12. если лендлорд предлагает 1 месяц вместо двух, то это очевидная уступка. может быть принять предложение?
— о требованиях к лендлорду. действительно, у хозяина должны быть в порядке сертификаты и жилье должно отвечать многим требованиям. но чтобы квалифицированно спорить, похоже, нужно нанимать юриста для нормального анализа контракта и всей ситуации. без юриста остается только пытаться найти компромис с хозяином. оцените стоимость юриста и сравните ее с величиной потерь.
Попробуйте получить письменное обещание от ландлорда о том, что он не возражает против более раннего окончания контракта и что он не будет требовать дополнительную оплату в этом случае. Напомните ему, что Вы сами имеете право произвести необходимый ремонт в доме за счет оплаты за аренду. Посмотрите следующую ссылку, надеюсь, что поможет:
К сожалению в Англии это дело сильно запущено, и если делать все по закону, то к моменту когда все проблемы будут решены, контракт сам по себе кончится. Поэтому наберитесь наглости и хорошо ( но без хамства ) поговорите с лендлордом, припугните его тем, что сами сделаете ремонт и еще заставите его целиком оплатить. Но не останавливайтесь на пол пути, а выбейте из него письменное обещание закрыть досрочно контракт или все исправить в строго оговоренный срок.
Tenancy agreement breach: последствия Канада
tenancy agreement — agreement concerning the rental of a property, rental contract … English contemporary dictionary
tenancy agreement — An agreement to let land. See lease … Big dictionary of business and management
tenancy — ten‧an‧cy [ˈtenənsi] noun tenancies PLURALFORM LAW PROPERTY 1. [countable, uncountable] an agreement which gives someone the right to use a building, land etc for which they have pa >Financial and business terms
Tenancy In Common — A way for two or more people to have equal ownership interests in a property. Each owner has the right to leave his or her share of the property to any beneficiary upon the owner s death. Each party (owner) in a tenancy in common agreement has… … Investment dictionary
Tenancy At Will — A tenancy agreement where a tenant occupies property with the consent of the owner, but without an agreement that specifies a definite rental period or the regular payment of rent. Tenancy at will is also known as estate at will. A tenancy at… … Investment dictionary
Tenancy Deposit Scheme — Under the provisions of the Housing Act 2004 every Landlord or Letting Agent that takes a deposit for an Assured Shorthold Tenancy in England and Wales must join a Tenancy Deposit Scheme. The new regulations come into effect from April 6, 2007.… … Wikipedia
agreement */*/*/ — UK [əˈɡriːmənt] / US [əˈɡrɪmənt] noun Word forms agreement : singular agreement plural agreements 1) [countable] an arrangement or decision about what to do, made by two or more people, groups, or organizations Our agreement was that you would… … English dictionary
tenancy — ten|an|cy [ˈtenənsi] n plural tenancies formal 1.) the period of time that someone rents a house, land etc →↑tenant ▪ a six month tenancy ▪ a tenancy agreement 2.) [U and C] the right to use a house, land etc that is rented … Dictionary of contemporary English
tenancy at will — see tenancy Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. tenancy at will … Law dictionary
tenancy — ten·an·cy / te nən sē/ n pl cies 1: the holding of or a mode of holding an estate in property: a: a form of ownership of property: tenure b: the temporary possession or occupancy of property that belongs to another holdover tenancy … Law dictionary
tenancy at sufferance — see tenancy Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. tenancy at sufferance … Law dictionary
Government of Western Australia
Department of Mines, Industry Regulation and Safety
Breaches of tenancy agreement
If the rent is overdue
A landlord can have the tenancy terminated if the tenants present a bad cheque or fall behind with their rent and can’t make up the payment within an agreed time. It’s important to remember there are procedures which must be followed. Remember, landlords can’t just evict or force a tenant out, no matter what the circumstances.
Landlords have two alternatives:
The landlord wants the tenant to remain in the property, but pay rent arrears. Not less than one day after the rent was due, the landlord can give the tenant a Breach notice for non-payment of rent (Form 21) or write to the tenant. Tenants then have 14 days to bring their rent up to date. The landlord doesn’t have to use a prescribed form, but the notice must be in writing and clearly state the tenants’ name, address of the rented property, current amount of money owing and request full payment within 14 days.
If all the outstanding rent is not paid within the 14 days, the landlord can then issue a Notice of termination for non-payment of rent (Form 1A) (to be used only if a 14 day breach has been issued). This ends the residential tenancy agreement and requires the tenants to vacate the premises within the next seven days.
The landlord doesn’t want the tenant to remain in the premises because of continual breaches of the agreement. Not less than one day after the rent should have been paid but was not received, the landlord may give tenants a Notice of termination for non-payment of rent (Form 1B) (to be used if no breach notice has been issued). This warns the tenant that unless the outstanding rent is paid within the following seven days, the landlord may apply to the Magistrates Court for an order to terminate the agreement.
If the tenants do not pay the rent arrears within the seven days, then they will have to pay the cost of the court application fee plus the original rent arrears.
The Magistrates Court hearing date can’t be earlier than 21 days after the Form 1B notice of termination has been issued as above.
Note: If the tenant pays all outstanding rent and the court application fee to the landlord by the day prior to the court hearing, the application will not continue before the court.
Which alternative should you choose?
If this is the first time the tenant has fallen behind with their rent or, regardless of having a history of late payments, the landlord would still like to keep them as a tenant, then choose the first option.
If, on the other hand, the landlord’s main objective is to obtain the rent as quickly as possible, or the tenant has fallen behind with the rent before and is unlikely to catch up, the landlord may prefer to choose the second option.
As the procedures are complex, flow charts for the two alternatives can be found in the appendices of Renting out your property — a lessor’s guide.
Regardless of which option a landlord chooses, a tenant cannot be forced out of a property without a court order ending the agreement and under no circumstances does the law allow the landlord to seize a tenant’s belongings instead of rent owed.
Tenants who reasonably believe they are not behind in the rent can stay in the premises while the landlord tries to negotiate a suitable outcome. This is also the case when the landlord applies for an eviction hearing in the Magistrates Court, where both parties will have the opportunity to put up their case.
Keep copies of the notices and records of your contact with the other party as you may need this information if the matter goes to court.
The court will also expect landlords to provide a proper record of rent and not just bank statements. Refer to the sample rent records in our publication Renting out your property — a lessor’s guide for more information.
Other breaches of the tenancy agreement
Apart from not paying rent, a tenant can also breach the rental agreement for any of the following:
- keeping a pet on the premises when this is not allowed;
- sub-letting to others when it is not allowed;
- not keeping the property reasonably clean;
- causing damage to the property;
- changing the locks without your approval;
- causing a nuisance to neighbours;
- failing to water or maintain the garden and lawns as agreed;
- using the premises for business purposes without your approval; or
- using the premises for an illegal purpose.
The procedures for giving the tenant formal notice of a breach are aimed primarily at getting the problem fixed – but it can also lead to asking the tenant to leave.
Issuing a breach notice (other than for failure to pay rent)
Step 1: Notify the tenant of the breach of the agreement by giving a Notice to tenant of breach of agreement (other than failure to pay rent) (Form 20). This gives the tenant 14 full days to fix the problem.
Step 2: If the tenant fails to fix the situation within the 14 day period, the landlord’s next option is to issue a Notice of Termination (Form 1C) (not to be used for non-payment of rent). This seeks to end the tenancy no sooner than seven full days after the notice is received.
If the landlord would prefer to have the tenant fix the problem, rather than end their tenancy, the landlord should apply to the Magistrates Court seeking a court order stating the tenant must fix the problem.
Again, the flow chart detailing the steps to be taken is in the appendices of Renting out your property — a lessor’s guide.
If the tenant believes the landlord is in breach of the tenancy agreement, they can follow a similar breach procedure to that outlined above. The tenant can write the landlord a letter or use the form specifically designed for this purpose: Notice to lessor of breach of agreement (Form 23).
Share this page:
Last modified: Sunday, April 14, 2020 — 12:23
Tenancy Agreement Break Clauses
What are break clauses in Tenancy Agreements?
A break clause is a clause in a tenancy agreement that provides both tenant and landlord the opportunity to terminate the tenancy agreement early during the fixed-term (e.g. the tenant can terminate a 12 month tenancy 6 months into the term). Essentially, either party can “break” the tenancy before the fixed end date, as long as the correct procedures are followed.
However, it’s important to note, the landlord doesn’t have a guaranteed right to possession with a break clause during the first 6 months of the tenancy (i.e. a break clause can only be enforced after 6 months), unless there are grounds for eviction (e.g. rent arrears).
Here is an example of a break clause (please do NOT use it without seeking legal advice):
7.9 Tenancy Break Clause
7.9.1 In the event that the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Landlord not less than one months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part.
7.9.2 If the Landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Tenant not less than two months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void.
Serving notice to break the tenancy
The landlord is required to provide at least two months notice to the tenant if they wish to enforce the break clause by serving a Section 21 Notice. So for example, if the tenancy starts on 1st of January, the landlord should serve notice by 1st May (i.e. tenant should have received notice by then), which means the tenant should vacate on July 1st (6 months from when the tenancy began).
If the tenant wants to enforce the break clause, the minimum notice required should be clearly stipulated in the break clause (1 month notice period is normal). Additionally, there might be certain conditions attached to the clause that need to be met. For example, it may stipulate that the tenant must have paid all of the rent due before they’re allowed to use the break clause.
Tenants should serve notice in a written notice, known as a tenancy surrender notice. It’s also worth noting that if the tenant wishes to end the tenancy on or after the fixed end-date, they only need to provide one months’ notice- that is their statutory right.
What if the tenant vacates early?
This isn’t really a problem, and the reality is, landlords can’t physically prevent tenants from vacating early. However, the important thing to remember is that the tenant will remain liable for the rent until the last day of the termination date (based on the break clause end-date).
Why the break clause is used
Break clauses really are about flexibility for both tenant and landlord. They provide landlords/tenants the opportunity to break a tenancy if personal circumstances change. This could include scenarios such as relocating for work related purposes, changes financial circumstances, or even because the relationship between the tenant and landlord turned sour.
The reason I don’t use break clauses
I personally don’t use break clauses in my tenancy agreements, the reason being is that they don’t seem convincingly reliable (from what I’ve read and been told), which makes them kind of scary to me. Let me explain…
Assuming the landlord is relying on the break clause by serving their tenant with a notice- if the tenant refuses to vacate and remains in the property, the landlord will need to issue court proceedings so they can get a order possession from the Judge. The Judge will then look at the break clause to see if it is valid. If the Judge is not happy with the clause the landlord will not get possession.
Why wouldn’t the clause be valid? The break clause is one of those clauses that can be drafted and interpreted in many ways (apparently). If the clause is clearly drafted and equally fair to both parties, the landlord will have a better chance of getting possession. However, if the clause is poorly drafted and deemed unfair (e.g. if it is in the favour of the landlord), it is very unlikely that it will be enforceable.
To be fully enforceable in law, break clauses need careful drafting with a high degree of legal expertise – these agreements should be drafted by a solicitor or barrister, or obtained from a known reliable published source. But ultimately, every clause in a tenancy agreement needs to be deemed as “fair”
My preferred alternative to a break clause
Personally, I’d rather just issue my tenant with a 6 month tenancy agreement (that’s the minimum term allowed). That way, if the tenant or landlord wishes to end the tenancy, they can do without relying on a break clause. But also, and perhaps more crucially, if the tenant refuses to vacate after a valid possession notice (Section 21) is served by the landlord, the Judge should grant possession immediately, no questions ask, because the tenancy’s fixed term would have.
In the event that after the 6 months both parties are happy to continue the tenancy, then the tenancy can either roll onto a Periodic Tenancy or a new tenancy agreement can be issued.
Issuing a 6 month tenancy just seems much safer and reliable because there’s little margin for error in comparison.
Mutually terminating the tenancy early
If at any point during the fixed term both landlord and tenant agree to mutually terminate the tenancy (for whatever reason), whether there’s a break clause or not, the normal procedure is for the tenant to vacate all his/her possessions and hand back the keys.
In the event that the tenant wants to surrender the tenancy without the landlords agreement, the tenant will be contractually obliged to pay rent for the entire length of the fixed term. Similarly, if the landlord wants the tenant to vacate early while the tenant has no interest, the landlord cannot reposes the property early without grounds for eviction.
Here’s a blog post which covers many of the legal methods of terminating a tenancy.
Need [free] legal advice on enforcing a break clause or ending a tenancy?
If you think you could benefit from some professional advice on ending a tenancy – whether you’re looking to enforce a break clause, or you’re having problems removing a tenant, you can grab some free landlord legal advice from LegalforLandlords (100% no obligations).
Do you use break clauses?
Do you use a break clause in your tenancy? If so, I’d be interested to see what it says. Would you mind copy/pasting it? Also, has anyone ever enforced the break clause?
Leases and Agreements
Types of Leases / Information a Lease Should Include / Where to Purchase Forms / Frequently Asked Questions
Lost your job? Looking to leave your lease early?
See our new tip sheet If Your Employment Ends or check out our FAQ – Can the landlord or tenant ever “break the lease”?
Leases usually include terms from the Residential Tenancies Act. For example, leases will often include information about when and why notice can be given to end a residential tenancy agreement, which is an issue covered under the law.
The Residential Tenancies Act will always be enforced over any agreement that the landlord and tenant make on their own. If the law is silent on a particular issue, then the landlord and tenant can agree to anything, as long as it is not illegal. For example, the lease will usually contain terms about whether pets are allowed, which is not covered under the law. Landlords and tenants are left to come up with their own agreements about pets.
Types of Leases
A Residential Tenancies Act.» >periodic tenancy means that there is no end date included in the residential tenancy agreement. The tenant can continue to live in the property until either the tenant or landlord gives notice to end the tenancy. There are different kinds of periodic tenancies, including monthly periodic tenancies (where the tenant agrees to rent month-to-month and pay rent on a monthly basis) and weekly periodic tenancies (where the tenant agrees to rent week-to-week and pay rent on weekly basis).
A fixed term lease means that the tenant agrees to rent the premises for a fixed length of time. There is an end date written in the lease. For example, a tenant agrees to rent a property for six months. At the end of the agreed time, it is assumed that the tenant will move out and no longer live there. Neither a tenant nor a landlord can end a fixed term lease early unless the other party agrees.
What Information a Lease Should Include
Here are some of the things that a lease should include:
- Names of all the people who are living in the rental unit (i.e. apartment, house, basement suite);
- Name and contact information of the landlord;
- Address of the place being rented;
- Amount of rent, when it is due, how it is to be paid, and to whom;
- Date the tenancy is to start and the kind of lease (periodic or fixed term);
- Amount of the security deposit;
- Any additional fees (late rent fee, pet fee, key fee, etc.);
- What utilities are included and what are not;
- Responsibility for maintenance and repairs;
- If there is a yard, who is responsible for maintaining it (for example, cutting grass, shovelling snow, etc);
- Rules regarding subletting or assigning the lease; and
- Insurance requirements.
Every written residential tenancy agreement has to include the following statement in larger print than the rest of the agreement: “The tenancy created by this agreement is governed by the Residential Tenancies Act and if there is a conflict between the agreement and the Act, the Act prevails.”
Landlords may also provide tenants with details of other rules relating to the building that tenants will have to follow, but that are not mentioned specifically in the lease. For example, condominium bylaws or building regulations governing matters such as refuse storage and collection, smoking, etc.
Where to purchase leases and forms
There are some organizations in Alberta that have developed leases for the Residential Tenancies Act and made the forms available for purchase. For more information, go to our page on forms.
Ending a rental agreement
Landlords and tenants must meet specific conditions to successfully end a tenancy.
Tenants and landlords may terminate a rental agreement for a variety of reasons, such as:
- the agreement was breached
- the tenant found another place to live
- the landlord wants to end the tenancy for a prescribed reason
Ending a fixed term
A fixed term tenancy ends on the day specified in the rental agreement, unless both parties agree to an early termination. For example, if the fixed term is from January 1 to December 31, the tenancy automatically ends on December 31. Unless the tenant and landlord make other arrangements, the tenant has to move out by noon on December 31.
The landlord or tenant does not need to give notice to end a fixed term tenancy. It is courteous if the landlord or tenant provides a reminder before the end of the tenancy agreement.
Ending a periodic term
A landlord may end a periodic tenancy if:
- the landlord or a relative of the landlord wants to move in
- ‘relative’ includes any relative by blood, marriage, adoption or adult interdependent relationship
- the landlord agrees to sell the rental premises, all conditions of the sales agreement have been satisfied or waived and the buyer or a relative of the buyer wants to move in
- the buyer must ask the landlord in writing to give the tenant a notice to end the tenancy
- the landlord intends to demolish the rental premises
- the rental premises are a detached or semi-detached dwelling or one condominium unit and the landlord agrees to sell the rental premises and all conditions of the sales agreement have been satisfied or waived
- in these cases, the buyer must ask the landlord in writing to give the tenant a notice to end the tenancy
- neither the buyer nor the buyer’s relatives have to occupy the rental premises
- the landlord is an educational institution, and the tenant was a student at the beginning of the tenancy but is no longer a student
- the landlord intends to use or rent the rental premises for a non-residential purpose
If a landlord intends to do major renovations that require the rental premises to be vacant or the landlord intends to convert the premises to a condo unit, the landlord must give the tenant one year’s notice to terminate the periodic tenancy. Major renovations do not include painting, replacing floor coverings, or routine maintenance.
Fixed term tenancy
The fixed term tenancy ends without notice on the date stated in the rental agreement. The landlord and tenant can agree to continue after the end of the fixed term.
To end a periodic tenancy agreement, landlords and tenants must give written notice to the other party.
The written notice must include all of the following information:
- the address of the rental premises
- the date the tenancy will end
- the signature of the person giving notice
Landlords must also include their reasons for ending the tenancy.
Amount of notice required
The required notice depends on who is giving the notice and the type of tenancy.
The tenant or landlord must give one week of notice.
The tenant must give one month of notice. The landlord must give 3 months of notice.
When notice has to be given
Notice must be given on or before the first day of the tenancy week. The tenancy will end on the last day of the tenancy week.
Notice by a tenant must be given on or before the first day of the tenancy month. The tenancy will end on the last day of the tenancy month.
Notice by a landlord must be given on or before the first day of the 3 month notice period.
If the date the notice is due falls on a holiday (for example, January 1 or July 1) the next business day becomes the due date.
Late service of notice
If a notice is served late, it will be effective at a later date.
A late notice means the tenancy will end on the last day of the next complete tenancy week.
A late notice means the tenancy will end on the last day of the next complete tenancy month.
For example, a tenant has a monthly tenancy that lasts from the first day of the month to the last day of the month. If the tenant gives notice on June 2 to end a monthly tenancy on June 30, the tenancy will instead end on July 31.
How to serve
Required notices must be delivered in person or by registered mail. Tenants should use the mailing address provided in the ‘notice of landlord’. Landlords should use the mailing address of the rental premises.
If the tenant is absent from the rental premises or evading service, the landlord may:
- give the notice to an adult who appears to live with the tenant, or
- post the notice in plain sight on the residential rental premises
If a landlord or tenant cannot serve a notice as indicated above, the notice may be sent electronically. If it is sent electronically, the person receiving the notice must also be able to print a copy.
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Toll free: 1-877-427-4088 before the phone number (in Alberta)
Entering a Tenancy
This page is from the
Tenant Survival Guide.
See the full contents.
Preparing to Rent
Finding Rental Housing
Entering a Tenancy
Living in Peace
Repairs and Services
Other Resources for Tenants
Tenant Resource & Advisory Centre
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Tenant Resource & Advisory Centre, 2020.|
DO: carefully review and sign a tenancy agreement. This is one of the most effective ways you can protect yourself as a tenant.
DO NOT: forget that the Residential Tenancy Act prevents landlords and tenants from “contracting out” of the law. Any term of a tenancy agreement that avoids the law is considered unenforceable.
Protect yourself with a written contract
Although verbal tenancy agreements are covered by the Residential Tenancy Act (RTA), it is always best to have a written agreement with your landlord. Signing a hardcopy contract is one of the best ways you can protect yourself as a tenant, since it proves the terms you agreed to at the start of your tenancy. Your landlord may use the standard Residential Tenancy Branch (RTB) tenancy agreement, or they may use their own custom tenancy agreement. If they choose to use their own agreement, it must have all the standard information required by law – just like the RTB agreement. See section 12 of the RTA and section 13 of the Residential Tenancy Regulation for more information.
Terms in a tenancy agreement
According to section 13 of the Residential Tenancy Act (RTA), every tenancy agreement is supposed to include:
the standard terms – listed on the Res >Illegal terms
Section 5 of the RTA prevents landlords and tenants from “contracting out” of the law. In other words, if you sign a tenancy agreement with a term that unfairly reduces your rights as a tenant, that term may be considered unenforceable. For example, it is illegal for a landlord to include a term in an agreement that allows them to inspect a tenant’s home at any time without proper notice. Section 29 of the RTA clearly states that landlords must give at least 24 hours notice in writing, and that rule cannot be avoided.
Section 6 of the RTA prevents landlords from including “unconscionable” terms in tenancy agreements. According to section 3 of the RTR and RTB Policy Guideline 8, an unconscionable term is as a term that is oppressive or grossly unfair to one party. For example, RTB Policy Guideline 1 says that it is likely unconscionable for a landlord to include a term in an agreement that requires a tenant to put utilities for another unit in their name.
A month-to-month tenancy does not have a pre-determined date on which it ends. The tenancy continues until the tenant gives proper notice to move out, or until the landlord legally ends the tenancy. Section 1 of the RTA refers to a month-to-month tenancy as a “periodic tenancy”. Month-to-month tenancies are by far the most common type of periodic tenancy, but a tenancy can also be established on a weekly or other periodic basis.
Pros: Month-to-month tenancies offer flexibility. If your life takes an unexpected turn that requires you to move, you are only required to provide one-month notice in writing to end your tenancy.
Cons: Month-to-month tenancies leave you vulnerable to evictions for “landlord’s use”. If your landlord wants to occupy your rental unit, allow a “close family member” to occupy the unit, make major renovations, or demolish your building, they can issue you a Two Month or Four Month Eviction Notice for Landlord’s Use of Property under section 49 of the RTA.
Fixed term tenancies
A fixed term tenancy – often referred to as a “lease” – has a pre-determined date on which the tenancy ends or is up for renewal – most commonly after one year. If you enter into a fixed term tenancy, pay close attention to what your agreement says happens at the end of the term. There are three possibilities:
- You must vacate at the end of the fixed term: This type of “vacate clause” can only be used in limited circumstances listed in section 13.1 of the RTR, or when a subtenant is signing a temporary sublease. If you have this type of fixed term tenancy, you must move out at the end of the term and you are not entitled to any compensation.
- The tenancy may continue on a month-to-month or another fixed term basis: You and your landlord can mutually agree to extend your tenancy for another fixed term. However, if you would prefer that your tenancy instead continue on a month-to-month basis, your landlord cannot force you to renew the agreement on a fixed term basis. If you do not want your tenancy to continue on either a month-to-month or fixed term basis because you plan to move out at the end of the term, you must provide your landlord with one full month notice in writing.
- The tenancy agreement does not say what will happen at the end of the fixed term: According to section 44(3) of the RTA, if your tenancy agreement is silent on the matter, it will automatically continue on a month-to-month basis, unless you and your landlord mutually agree to renew on a fixed term basis. Again, if you plan to move out at the end of the fixed term, you must provide one full month notice in writing.
Pros: Fixed term tenancies offer stability. For the duration of your agreement, you cannot be evicted because of a Two Month or Four Month Eviction Notice for Landlord’s Use of Property.
Cons: Fixed term tenancies provide less flexibility than month-to-month tenancies. If you need to end your tenancy early – also known as “breaking your lease” – you may end up owing your landlord some money.
See RTB Policy Guideline 30 for more information.
Sections 6 and 7 of the RTR list the refundable and non-refundable fees that a landlord can legally charge a tenant.
Late payment of rent: Your landlord can charge a non-refundable fee of up to $25 for late payment of rent, but only if this term has been written into your tenancy agreement.
New, replacement, and additional keys: Your landlord can charge a non-refundable fee for replacing a key that you lost, or for providing an additional key at your request. This fee cannot be more than the direct cost of the key. Your landlord can also charge you a refundable fee if they provide you with any keys in addition to the key that provides your sole means of access to the residential property. Again, this fee cannot be more than the direct cost of the key. At the start of your tenancy, your landlord cannot charge you a fee for rekeying the locks.
Returned cheque: If you do not have enough money in your bank account when your landlord tries to deposit your rent cheque, your bank may charge your landlord a service fee. If this happens, your landlord can require that you pay them back for the cost of the fee. In addition, your landlord can charge you a non-refundable fee of up to $25 for the return of your cheque by a financial institution, but only if this term has been written into your tenancy agreement.
Moving fees: If you request to move to a new rental unit within the same property, your landlord can charge you a non-refundable fee that does not exceed the greater of $15 or 3% of your rent. Also, if you live in a building or complex managed by a strata corporation, you may be required to pay non-refundable move-in and move-out fees.
A security deposit – often referred to as a “damage deposit” – is money that a landlord collects at the start of a tenancy and holds until the end of the tenancy. According to section 19(1) of the RTA, the maximum amount a landlord can charge for a security deposit is half the monthly rent. If your landlord requires a security deposit, you must pay it within 30 days of the date it is required to be paid.
A security deposit secures the tenancy for you and your landlord. Once you have paid your deposit, you cannot decide to move in somewhere else, and your landlord cannot decide to rent to someone else. If you pay a security deposit but do not move in, your landlord may be allowed to keep your deposit. You may even have to pay additional money to cover the cost associated with re-renting your unit, or to cover your landlord’s lost rental income if they cannot find a replacement tenant.
Security deposits also cover damage. If your landlord believes you are responsible for damage beyond reasonable wear and tear, they can ask the RTB for permission to keep your security deposit.
Applying your security deposit towards rent: According to section 21 of the RTA, you are not allowed to apply your security deposit towards rent without your landlord’s permission. For example, you cannot pay only half of your last month’s rent and tell your landlord to cover the remaining half with your security deposit, unless you have their written consent.
Pets and pet damage deposits
According to section 18 of the RTA, landlords can restrict pets entirely, or set limits on the number, size, or type of pets a tenant can have in their rental unit. If your landlord allows you to have a pet, it is important to include that term in your tenancy agreement. Do not rely on verbal permission alone – make sure it is in writing.
If you are allowed to have a pet, your landlord can require a pet damage deposit of up to half the monthly rent. This is the maximum amount a landlord can charge for a pet damage deposit, regardless of how many pets you have. You will have to pay this deposit either at the start of your tenancy, or when you get a pet at any point during your tenancy. If your pet causes extraordinary damage or unreasonably disturbs others, your landlord may try to evict you and keep your pet damage deposit. See RTB Policy Guidelines 28 and 31 for more information.
Guide dogs: If you have a dog that falls under the Guide Dog and Service Dog Act, your landlord must allow it and cannot require a pet damage deposit.
Overpaying a deposit
The maximum amount you can be charged for a security deposit or pet damage deposit is half the monthly rent. If you have been overcharged for either, section 19(2) of the RTA allows you to deduct the overpayment from your next month’s rent. Some landlords may not know that tenants have this right, so make sure to clearly communicate with your landlord if you decide to deduct rent for this reason. If you are not comfortable withholding rent, you can apply for dispute resolution to recover the overpayment.
“Co-tenants” are roommates who share a single tenancy agreement. Each pay period, co-tenants collectively pay rent to their landlord, and decide among themselves how to divide the cost. This is the most common type of roommate setup for couples, friends, and families. To ensure that you are considered a co-tenant rather than an “occupant/roommate”, make sure your name is clearly listed on your tenancy agreement.
Co-tenants are jointly responsible for everything related to their tenancy, which means they are all equally responsible for each other’s behaviour. If the full rent is not paid on time because of one co-tenant, the landlord could issue an eviction notice that applies to everyone. Similarly, if damage has been caused to the rental unit, the landlord could choose to seek monetary compensation from any roommate – even if it was not that person’s fault.
Disputes between co-tenants: Disputes between co-tenants are not covered by the Residential Tenancy Act (RTA) and cannot be resolved through the Residential Tenancy Branch (RTB). A common dispute can arise when one roommate is late with their portion of the rent, and the other roommates are forced to pay the difference to avoid eviction. From a legal standpoint, this type of monetary dispute would have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.
Problems can also arise when one co-tenant decides to move out, as that decision can affect the remaining co-tenants. Here are the two possible scenarios for when a co-tenant moves out:
- If the roommate leaving gives proper notice in writing to move out, the tenancy will end for the other co-tenants as well – even if they did not sign the notice. The remaining roommates will have to either move out or sign a brand-new tenancy agreement in order to stay.
- the roommate leaving does not give proper notice in writing to move out, the tenancy will continue and all of the co-tenants will still be responsible for paying the full rent on time. The remaining co-tenants may wish to speak to the landlord about legally ending the tenancy or amending the tenancy agreement to add a replacement roommate.
See RTB Policy Guideline 13 for more information.
Tenants in common
“Tenants in common” are tenants who live in the same rental unit but have separate tenancy agreements with the landlord. For example, a landlord may rent out individual bedrooms in a house under separate agreements. With this type of roommate setup, you are only responsible for your own behaviour. If another tenant fails to pay their rent on time or decides to move out, it will have no legal effect on your tenancy.
Sharing common space in this way can be an effective way to get cheaper rent without having to sign an agreement with another person. However, the disadvantage of this type of setup is that your landlord may not consult you when choosing your roommates.
Problems between tenants in common: Disputes between tenants in common are not covered by the RTA and cannot be resolved through the RTB. If you and another tenant in common have a dispute relating to your tenancy that cannot be settled on your own, consider putting your concerns to your landlord in writing. Once notified, your landlord should attempt to intervene and correct the situation. Alternatively, some legal problems may have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.
Occupants / roommates
An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the RTA. This living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates. If you enter this kind of arrangement, you will not be protected by the RTA, and TRAC and the RTB will not be able to assist you. See RTB Policy Guideline 19 for more information.
Disputes between “occupants/roommates” and tenants/landlords: Occupants/roommates cannot use the RTB’s dispute resolution system to settle disputes with tenants, landlords, or other occupants/roommates. Instead, any legal problems would have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.
Changing terms in a tenancy agreement
Aside from the exceptions listed in section 14(3) of the RTA, the terms of a tenancy agreement can only be changed by mutual consent. If you and your landlord both agree to a change, feel free to amend your existing agreement. For example, you can cross out a term, enter a new one, add the date, and both initial the change. Alternatively, you can sign an addendum on a separate sheet of paper that outlines the agreed upon change. Either way, make sure that you receive a copy of the revised tenancy agreement or addendum. See section 14 of the Residential Tenancy Act for more information.
The private residential tenancy
On 1 December 2020 a new type of tenancy came into force, called the private residential tenancy, it replaced assured and short assured tenancy agreements for all new tenancies.
What changes has the private residential tenancy brought in?
Any tenancy that started on or after 1 December 2020 will be a private residential tenancy. These new tenancies will bring in changes and improvements to the private rented sector, including:
- No more fixed terms — private residential tenancies are open ended, meaning your landlord can’t ask you to leave just because you’ve been in the property for 6 months as they can with a short assured tenancy.
- Rent increases — your rent can only be increased once every 12 months (with 3 months notice) and if you think the proposed increase is unfair you can refer it to a rent officer.
- Longer notice period — if you’ve lived in a property for longer than 6 months your landlord will have to give you at least 84 days notice to leave (unless you’ve broken a term in the tenancy).
- Simpler notices — the notice to quit process has been scrapped and replaced by a simpler notice to leave process.
- Model tenancy agreement — the Scottish Government have published a model private residential tenancy that can be used by landlords to set up a tenancy.
I’m an assured/short assured tenant
If you were already renting and were an assured or short assured tenant, on 1 December 2020, your tenancy will continue as normal until you or your landlord bring it to an end following the correct procedure. If your landlord then offers you a new tenancy this will be a private residential tenancy.
You can also come to an agreement with your landlord to change the tenancy from an assured/short assured tenancy to a private residential tenancy.
What is a private residential tenancy?
A private residential tenancy is one that meets the following conditions:
- the tenancy started on or after 1 December 2020
- it is let to you as a separate dwelling (home)
- you must be an individual, meaning not a company
- it’s your main or only home
- you must have a lease (although a written agreement is not needed for a lease to exist)
- the tenancy is not an exempt tenancy, as listed below.
All new private residential tenancies have the right to a tenancy agreement from the day the tenancy starts.
If you tenancy has been converted to a private residential tenancy then you should be given an agreement within 28 days of the start of the tenancy.
The Scottish Government has published a model tenancy that your landlord can use to set up a tenancy. This tenancy agreement contains certain statutory terms that outline both parties rights and obligations including:
- The tenant’s and landlord/letting agent’s contact details
- The address and details of the rented property
- The start date of the tenancy
- How much the rent is and how it can be increased
- How much the deposit is and information about how it will be registered
- Who is responsible for insuring the property.
- The tenant has to inform the landlord when they are going to be absent from the property for more than 14 days
- The tenant will take reasonable care of the property
- The condition that the landlord must make sure the property is in, including the repairing standard.
- That the tenant must inform the landlord the need of any repairs.
- That the tenant will give reasonable access to the property, when the landlord has given at least 48 hours notice
- The process that the tenancy can be brought to an end
If your landlord uses the Scottish Government’s’ model tenancy they should also give you the ‘Easy Read Notes’ which will explain the tenancy terms in plain English.
If your landlord does not use the model tenancy they must give you the private residential tenancy statutory terms: supporting notes, with your lease, which will explains the basic 9 set of terms that your landlord has to include in the lease.
Length of tenancy
Private residential tenancies are open ended and have no set length such as 6 or 12 months. This means your landlord can’t ask you to leave just because you’ve been in the property for 6 months as they could with a short assured tenancy.
The rent can only be increase once every 12 months and the landlord needs to give you 3 months notice, using the correct notice of the rent increase. If you don’t agree to the rent increase you can refer it to the local rent officer. The referral to the rent officer must be done within 21 days of receiving the rent increase notice.
When a referral made to the rent officer, they will first issue a provisional order which will suggest the amount the rent can be increased. You will have 14 days from the date the provisional order is issued to request a reconsideration. If you request a reconsideration the rent officer will look at it again before making a final order and telling you the date that the increase will take place.
My landlord wants to end my tenancy
A private residential tenancy can be ended by 1 of 3 ways:
- by a tenant giving notice and leaving (see below) or,
- the tenant and landlord reach an agreement to leave,
- or your landlord wants possession of the property and obtains an eviction order from the First-tier Tribunal for Scotland Housing and Property Chamber.
Find out more about evictions.
I want to end my tenancy
If you want to end the tenancy, then you will have to give the landlord 28 days notice in writing. The notice has to state the day on which the tenancy is to end, normally the day after notice period has expired.
You can agree a different notice period, after the start of the tenancy, with your landlord as long it is in writing. However, If there is no agreed change then 28 days notice will be the minimum required.
You have to allow reasonable access to your landlord to carry out repairs, inspections, or valuations when:
- your landlord has given at least 48 hours’ written notice, or
- access is required urgently for the landlord to view or carry out works in relation to the repairing standard
If you refuse access your landlord can make an application to the First Tier Tribunal Housing and Property Chamber who may make an order allowing them access.
Getting repairs carried out
Your landlord has to keep the property wind and watertight, and in a condition that is safe to live in. The landlord is also responsible for making sure that the property repairing standard is met. This is a basic level of repair that is required by law. Your landlord must give you information on the repairing standard and what you can do if the property does not meet it.
If you want to carry out work on your home, such as redecorating or installing a second phone line, you will need to seek permission from your landlord. Some tenancy agreements will include a clause telling you whether you can carry out this kind of work. However, you should always speak to your landlord before first.
Can I sublet or pass my tenancy on to someone else?
You cannot sublet, take in a lodger or pass your tenancy on to someone else before first getting written agreement from your landlord.
My landlord has died or changed
If your landlord dies or changes the new landlord will have to honour the terms of your tenancy agreement.
A change of landlord does not create a new tenancy the original contract stays in place This means that the length of time you have lived in the property must be taken into consideration with regards to length of notices given to you.
The tenant has died
When a tenant dies the tenancy comes to an end, unless somebody living in the property can inherit the tenancy.
Tenancies that can not be private residential tenancy
Almost all new private tenancies created on or after 1st December 2020 will be private residential tenancies.
However, there are a number of exemptions, including the following:
- Tenancies at a low rent
- Tenancies of shops
- Licensed premises
- Tenancies of agricultural land
- Lettings to students (meaning purpose built student accommodation)
- Holiday lettings
- Resident landlords
- Police Housing
- Military Housing
- Social Housing
- Sublet, assigned etc. social housing
- Homeless persons
- Persons on probation or released from prison etc.
- Accommodation for asylum seekers
- Displaced persons
- Shared ownership
- Tenancies under previous legislation
- Assured or short assured tenancies
- Charity providing accommodation for veterans
- Charity providing temporary accommodation for care leavers.
Where can I find out more?
The Scottish Government has published a guide called: Private residential tenancies: information for tenants.
We’re fighting for a Scotland where no one chooses between food and rent, and no one sleeps on the streets.
If you’re still looking for help, try searching, or find out how to contact us
What legal rights are open to a tenant who wishes to break tenancy before expiration
In Nigeria, you can never be too careful when you are renting a home, because there are times that what is on the paper may not be what you find when you move into your new home.
For example, your landlord would advertise and promise 24 hours light but when you start living in the “24 hours light apartment” you find out that your light is just for an hour per day or not at all.
This is why you see people who try to break their tenancy agreement before the expiration date, if you are in this position there are several things you need to know.
As a tenant, you can leave your property before your agreement expires:
- If there is a break clause in your legally binding contract or
- If your landlord agrees that you can leave
However, you must first understand the risk in breaking a tenancy agreement.
First: You might be unable to receive your security deposit.
Second: Your landlord might take a legal action against you or the guarantor provided in the tenancy agreement.
Legit.ng presents some steps to check in order to break your tenancy agreement before expiration date:
Is there a break clause in your agreement?
A break clause is an option in your lease agreement that enables either the tenant or the landlord to end the agreement earlier than the termination date if it proves unsatisfactory, but not all tenancy agreements include a break clause.
Most times the break clause includes conditions that say the tenant or the landlord may be required to pay certain fees to break the agreement or to give additional notice before breaking the agreement.
If your agreement has a break clause you can go ahead and follow the instructions given in the agreement and give a notice in writing to the landlord. But, if it does not, look for other options like getting the permission of the landlord.
It is advisable that a tenant should give the landlord notice by hand not email to avoid delayed delivery except the agreement says it should be delivered by mail.
A tenant should get the landlord’s permission and try to negotiate a mutually acceptable condition to end the contract. Your landlord may agree to break your contract if a replacement tenant can be found or if the tenant agrees to provide the cost of advertisement.
Get your landlord’s agreement in writing and signed by him / her to avo >
Getting tenancy deposit back
You can only get your deposit back if you can prove that the landlord agreed to early tenancy agreement break.
A landlord has the right to keep the deposit if a tenant breaks his / her agreement without the landlord’s permission or a proper process in carrying out your break clause.
However, to avoid breaking your agreement early, here is a list of rights you are entitled to as a tenant in Nigeria:
- Right to a written agreement
- Right to issuance of receipt of payment
- Right to peaceful enjoyment of property
- Right to a val >This list would help you know what you can accept and not accept from a landlord as a tenant in Nigeria.
- Remember to always get every agreement in writing and also signed by both parties!