Additional Occupancy notes……

Residential Tenancy Act and the Manufactured Home Park Tenancy Act will protect growing families by restricting rent increases if a tenant adds a child under 19 to their household. No rent increases above the annual allowable rent increase will be permitted even if there is a term in the tenancy agreement that states rent will increase with new occupants.

Current legislation:

Additional Occupant Clauses

If the amount of rent payable is to vary with the number of occupants, parties must set out in their written tenancy agreement the amount by which it varies. If an additional occupant resides in the rental unit, the rent will increase by the amount specified in the tenancy agreement. If an occupant stops residing in the rental unit, the rent will decrease by that same amount.

If the tenancy agreement does not include a term that the rent varies based on the number of occupants, a landlord cannot increase the rent because a new occupant begins to reside with the tenant.

See Policy Guideline 37 Rent Increases for more information about rent increases for additional occupants.

Notice of Rent Increase Not Required

The notice and timing requirements for rent increases under Part 3 of the RTA do not apply to a rent increase for additional occupants.

No Rent Increases for Minor Occupants

A landlord cannot increase the rent based on the number of occupants if:

• the occupant is a minor (meaning a person who has not reached the age of 19), or

• the occupant is no longer a minor, but was a minor when the tenancy agreement was entered into.

If, prior to May 16, 2024, a landlord increased the rent in relation to an additional occupant who is a minor, that rent increase remains in effect.

Reference: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/rent-rtb/rent-increase-costs-expenses