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Eviction notice period shortened for properties being sold

The B.C. Housing Ministry says it’s changing the notice period required when a landlord issues a notice to end tenancy on behalf of a purchaser to three months — down from four months
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The housing industry had argued the new rules were a barrier for homebuyers trying to buy a tenanted property. THE CANADIAN PRESS/Sean Kilpatrick

The provincial government is shortening the eviction notice period for landlords selling their property after pushback from the housing industry which argued the new rules are a barrier for homebuyers trying to buy a tenanted property.

On Thursday, the B.C. Housing Ministry announced it is changing the notice period required when a landlord issues a notice to end tenancy on behalf of a purchaser to three months — down from four months — and cutting the dispute period from 30 days to 21 days.

The new rules take effect Aug. 21.

B.C. changed the eviction notice period only a month after the new government regulations meant to address bad-faith evictions kicked in on July 18.

Under those regulations, landlords and homebuyers were required to give tenants four months’ notice instead of the previous two months when evicting for personal use.

But the change presented headaches for homebuyers, particularly for first-time homebuyers purchasing a home under a Canada Mortgage and Housing Corporation program, which requires a property to be vacant at the time of possession.

The four-month notice period also affected buyers whose mortgage holds with their banks expired before the closing date.

The new three-month notice only applies in cases where the property is being sold.

Landlords who plan to move into the rental property or have a close family member move in are still required to give a four-month notice period for personal-use evictions, said the ministry. Tenants will still have 30 days to dispute the notice.

The person moving into the home in those situations is required to live in it for at least 12 months.

According to the Housing Ministry, waiting times for fast-tracked disputes such as over unpaid rent and/or utilities have decreased from 10.5 weeks in February to just over four weeks in May, which allows for quicker resolutions for landlords.