The following information should be considered as our best efforts in answers. Some will be based on the Manufactured Home Park Tenancy Act and other Acts and information available on the Residential Tenancy Board website. You can contact us if you have more questions. Questions are only numbered for easy reference.
1- Question: Hi I own and live in my mobile home. It's completely paid for with no mortgage. I live on first nation land, run by an indigenous landlord. My question is, do I legally have to supply them with my house insurance information?
Answer: The Act and Regulations do not require giving home insurance information to the landlord. I have confirmed with RTB that parks controlled by indigenous landlords is a federal responsibility and they do not have to answer to BC laws such as the Manufactured Home Park Tenancy Act so any information in the MHPTA we would ordinarily give would not be of assistance. Sorry.
2- Question: Are their any rules regarding collecting annual fees from tenants and holding those fees in a bank account for park social events.
Answer: Since this involves homeowners turning over money it invites a lot of questions. The MHPTA and regulations only govern what is called a park committee which is composed of the landlord and homeowners. If enacted they usually fall apart as the landlord refuses to show up so nothing can be legally enacted. The next one is a homeowners park committee composed solely of homeowners. We have information on how to start one. Then there is the social committee. A social committee can function on it's own, decide who it's members are and can ask but not force homeowners for money as fees for socials, garage sales etc. Be very wary if the landlord starts his own committee, chosen by the landlord.
3- Question: Our landlord has been giving us illegal rent increases for the last five years. I complained then stopped and now I am ready to take him on. What he does is computes the increase then rounds it off at a higher amount, usually between $10-$20 per month.
Answer: Section 36 (5) of the MHPTA allows you to get back the illegal amount for the last two years by going to arbitration. Illegal amounts remain as a rental amount for eternity as well as being part of the yearly compounding factor. Example: Illegal amount $10, inflation factor for 2022, 1.5% = $.15 a compounding factor on the $10. 2023 increase, inflation factor 2% on $10.15 = $.20, on and on it goes, higher and higher.
The information you emailed us was skilfully arranged and told your story well. Occasionally a landlord will wake to the fact he has gone too far and make a peace offering, in your case it was cancelling next years rent increase. He didn't have to go that far but he was reaching out to all tenants and deserves a thank you. We completely understand your not getting other homeowner replies to your suggestions, so much fear, so much I don't want to get involved.
4- Question: We own one of three manufactured home above the Campgrounds. Fairly new owners are threatening eviction as they want to double our rents to the same price as the permanent RV's. Looking for advice on this as our daughter lives there and really can't afford to move. I contacted the owners about the water pump not working and he asked me if I wanted to sell and I suggested yes if the price was above market. He hung up but the water problem was solved for a little while.
Answer: It is quite common that owners make efforts to increase income by attempting to transfer RV costs to manufactured homes. In your case if the land tax increase between two years was say $1,200 this cost must be shared equally between the RV's, the owners home and the three manufactured homes as a proportional rent increase, along with the normal rent increase. RV rents are usually all inclusive so they don't actually pay. As to the threat of eviction that also is quite common and taken seriously. Should the threat turn into a government form accusing you of say continuous late payment of rent or some other reason please contact us again for advise.
5- Question: I know the 2024 rent increase is 3.5% but I have been charged 3.9%, WHY?
Answer: Thanks for including the rent increase papers. The 3.5% amount stated of $275.94 is correct and is not 3.9% as you thought. I am baffled why you have a water charge of over $3,500 as water is included in the rent. Can you explain that to me?
No reply was received.
6- Question: Most sites in our park currently pay around $500 per month rent. The landlord has issued a notice that on sale new tenants must pay $800 per month, and will not agree to or allow assignment of tenancy agreements. Is this legal?
Answer: Maybe BUT Sec 28 (1) (a) of the Act states: If the proposed purchaser has obtained written consent or is deemed to have obtained that consent then assignment is allowed. RTB-10 form asks the consent of the landlord or is deemed to have obtained it. It is the buyers only assurance that current rent and current leases are guaranteed. Google RTB-10 to view the six reasons a landlord can say no. Landlords reasons can be challenged at arbitration.
7- Question: Water pressure low plus gets shut down for repairs. The landlord provided no water during a five day shutdown, should he?
Answer: Water is a material term of your tenancy and Sec. 21(1) of the Act states the landlord has a duty to provide water or deduct money from your rent so you can buy it. If your landlord is not putting the repairs down as a rent increase on your yearly increase notice which allows this, I suggest you call it a draw as repairs in older parks are inevitable. Your tolerance of course determines if action on your side is required.
8- Question: Do I have to put new siding on? My dad died, my brother and I are the beneficiaries and I am the executrix. The park owner told me we have to put new siding on before he will allow a new tenancy.
Answer: Since the assessment for the manufactured home is below others in the park this suggests the park owner wants to upscale the exterior for cosmetic appearance. However, there is a form called RTB-10 which states you didn't have to speak to the owner. The Realtor you choose knows about it. The landlord has 10 days to accept it or he has to tell you why he refuses. If there is no reply from the landlord it is assumed by the Manufactured Home Park Tenancy Act that he has approved. If he says no because it needs new siding have your Realtor look up in your rental agreement if improvements are required. If the the new siding is required per the rental agreement, you have two choices. Either you have it done or lower the price by the amount it will cost to cover it. The main reason for the RTB-10 form is it assures your purchaser of the same lease rent and benefits.