This article is the fifth and final in a five-part series exploring the key issues in BCREA’s election platform, aimed at addressing British Columbia’s housing challenges. This piece delves into the New Notice to End Tenancy Rules, which have been revised over the past year, and the remaining concerns that still need to be addressed. The BC Real Estate Association (BCREA) has advocated for further refinements to these rules, particularly those related to the length of notice periods, financial hardships, and privacy issues surrounding landlords and tenants.

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The New Notice to End Tenancy Rules

In July 2024, the provincial government introduced amendments to the Residential Tenancy Regulation. These changes required landlords to provide tenants with four months' notice, instead of two, when ending a tenancy for landlord or purchaser use. Additionally, tenants were given 30 days (up from 15) to dispute the notice. Following feedback from BCREA, real estate professionals, and members of the public, the government made further adjustments in August 2024. The notice period was reduced from four months to three months, and the dispute period shortened to 21 days .

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While these adjustments addressed some concerns, there remain several unresolved issues that continue to impact landlords, real estate professionals, and tenants.

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Key Challenges

1. Financial Hardship for High-Ratio Buyers: One of the main issues is the financial burden these extended notice periods place on high-ratio buyers, particularly first-time homebuyers who rely on mortgage insurance. These buyers often face tight financing timelines and may not be able to meet mortgage conditions if they are required to wait three months before taking possession of the property. This can lead to financial strain or even the collapse of a property transaction.
2. Privacy Concerns: The new rules initially required landlords to submit a copy of the Contract of Purchase and Sale to the tenant when issuing a notice to end tenancy for purchaser use. This raised significant privacy concerns, as the contract contains sensitive information that could be misused. Although the government revised this requirement so that only the Residential Tenancy Branch (RTB) has access to the contract, landlords are still required to upload it to the RTB's portal. This has not fully alleviated concerns, particularly for buyers who may feel uncomfortable sharing such private information.
3. Technological Barriers for Landlords: The transition to an online portal for submitting notices and contracts has been difficult for many landlords, especially those who are less tech-savvy. The province’s suggestion that these landlords visit a Service BC office or the RTB’s Burnaby office for assistance is impractical for many, particularly those living in remote areas.

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BCREA’s Recommendations for Improving the Notice to End Tenancy Rules

To address these ongoing concerns, BCREA has put forth several recommendations aimed at making the system more fair, efficient, and transparent for both landlords and tenants:

1. Allow Two-Month Notice for High-Ratio Buyers: BCREA advocates for high-ratio insured buyers, particularly first-time homebuyers, to continue benefiting from the previous two-month notice period. The extended notice period causes unnecessary financial hardship for these buyers, many of whom are already dealing with tight budgets and financing conditions.
2. Exempt Transactions in Progress: BCREA recommends that the provincial government allow much longer lead times for the implementation of changes that affect real estate transactions. Any changes should not apply retroactively to transactions that are already in progress when a new rule is announced, ensuring that buyers and sellers are not caught off guard by sudden regulatory changes.
3. Introduce Privacy Protections for Buyers: BCREA suggests further reducing the need for sensitive information to be shared with tenants. For example, instead of requiring landlords to submit a Contract of Purchase and Sale, the buyer’s intent to occupy could be confirmed through a Statutory Declaration. This would offer the RTB sufficient proof while protecting the buyer’s privacy.
4. Provide Paper-Based Alternatives for Notices: To accommodate landlords who are not comfortable using the online portal, BCREA recommends allowing the continued use of paper forms for giving tenants notice. Alternatively, the government could provide a more user-friendly portal with better support for landlords unfamiliar with technology.

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The Impact of Revised Tenancy Rules on BC’s Housing Market

While the new notice requirements were introduced with the aim of protecting tenants and ensuring fairer practices in BC’s rental market, the unintended consequences are impacting landlords and real estate professionals. The extended notice period has already made it more difficult for high-ratio buyers to complete transactions within required timeframes, which could discourage first-time buyers from entering the market.

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Additionally, privacy concerns over the disclosure of sensitive financial documents continue to deter some buyers, potentially leading to fewer property transactions in an already strained housing market. The technological barriers presented by the new system also risk alienating smaller landlords who may lack the digital skills needed to navigate the new processes.

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Conclusion

While the New Notice to End Tenancy Rules were well-intended, several key issues remain unresolved, particularly around notice periods, privacy concerns, and accessibility for landlords. BCREA is calling for further refinements to these rules to reduce the financial and logistical burdens they place on property owners and buyers. By allowing greater flexibility for high-ratio buyers, introducing stronger privacy protections, and providing more accessible notice processes, the province can create a more balanced and fair rental market.

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This article concludes BCREA’s five-part series on the key issues in its election platform. These issues—ranging from expanding trades education and housing tax reform to addressing short-term rentals and tenancy rules—are crucial to solving BC’s housing crisis. BCREA remains committed to advocating for effective, long-term solutions that ensure housing affordability and market stability in British Columbia.

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Source:

• BCREA