Residents NOT required to pay the additional Food Scraps Program

Hello everyone.

Just a quick note regarding the food scraps program and the extra fee that is being charged to us as individual tenants.

I have just received word from the RTB (Residential Tenancy Branch) that in no way are we required to pay this fee.  It is totally covered by our contract.  If the owners give us 30 days notice, they can actually have us pay this fee but they must also drop our pad fee to match the increase we would be required to pay.

Wally Schmidt
on behalf of your Hidden Valley Committee

Here’s the information sent directly to us from the RTB:

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The Manufactured Home Park Tenancy Act allows for a landlord to terminate or restrict a service or facility. The following is the definition of a service or facility:

service or facility” includes any of the following that are provided or agreed to be provided by a landlord to the tenant of a manufactured home site:

(a) water, sewerage, electricity, lighting, roadway and other facilities;

(b) utilities and related services;

(c) garbage facilities and related services;

(d) laundry facilities;

(e) parking and storage areas;

(f) recreation facilities;

A landlord can terminate or restrict a service or facility, such as one or more of those listed above, if the tenant can obtain the service or facility elsewhere. To do so, the landlord must provide 30 days notice in writing using the form Notice Terminating or Restricting a Service or Facility, and reduce the rent in an amount equivalent to the value of the service being terminated.

The tenant has the right to apply for dispute resolution if the tenant believes the service or facility is essential or a material term of the tenancy, or if the reduction of rent is not equivalent to the value of the service or facility. The tenant may also apply for dispute resolution if the landlord has terminated a service or facility without giving proper notice as outlined above. Also, please see the policy guideline on this topic from our website: http://www2.gov.bc.ca/gov/DownloadAsset?assetId=B98B0F5BA2C840F194F18A3B6D5CE564&filename=gl22.pdf

The section of the legislation that I referenced is enclosed below. Thank you for your question.

Terminating or restricting services or facilities

21  (1) A landlord must not terminate or restrict a service or facility if

(a) the service or facility is essential to the tenant’s use of the manufactured home site as a site for a manufactured home, or

(b) providing the service or facility is a material term of the tenancy agreement.

(2) A landlord may terminate or restrict a service or facility, other than one referred to in subsection (1), if the landlord

(a) gives 30 days’ written notice, in the approved form, of the termination or restriction, and

(b) reduces the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility.

Sandra  | Information Officer
Residential Tenancy Branch [RTB] | Office of Housing and Construction Standards

Ministry of Natural Gas Development and Minister Responsible for Housing

RTB offices are now open from 9 am to 4 pm. Information and the E-Service for filing applications for dispute resolution are always available on our website at www.gov.bc.ca/landlordtenant