Raymond Jin of ATAC LAW just received a successful decision from the Residential Tenancy Branch (RTB) for his client, avoiding a penalty of nearly $30,000.00.
The client was from China and wished to move into a rental property he owned in Vancouver. The Landlord served a 2-month notice to end the tenancy on the tenant for the landlord's use and occupation.
Because of recent changes in the Residential Tenancy Act, it is becoming increasingly difficult for landlords to use this exception to end a tenancy. Tenants regularly claim that the landlord is ending the tenancy in bad faith or that the landlord did not move in, which the tenant claimed in this case. However, Raymond successfully argued that extenuating circumstances prevented the landlord from moving into the unit in the required time, and the arbitrator completely denied the tenant's claim for 12 month's rent as compensation.
If you are considering ending your tenancy for the landlord's use or if your tenant is claiming compensation for wrongful eviction or termination of tenancy, we recommend you seek legal advice to have the greatest chance of successfully ending the tenancy and avoid penalties.
