Philip Davies 8/14/26 Philip Davies 8/14/26

Who is responsible for that?

We are often asked by our clients who is responsible for the repair of specific items in the property. Generally speaking the landlord is responsible for most repairs of the property. If you are unsure a good place to look is the RTB website and review the policy guidelines. Policy Guideline GL1-1 outlines tenant and landlord responsibilities for repairs.

One of the more common questions we are asked by clients is what about smoke detectors?. The owner is responsible for the smoke detector and the batteries. There are times when other people are involved in the maintenance of the smoke detector.

In strata condos the smoke detector will be connected to the main building system and the strata will annually come and test the smoke detector to ensure it is functioning correctly. This doesn’t mean they will replace it if it is defective. The unit is still inside the strata lot meaning it is an owner’s responsibility to repair. If the unit is identified as being faulty during the strata testing some buildings will arrange for it to be changed. There may be a cost to the owner for this or the strata may just inform you and it is your respnsibiflity to replace the faulty unit. Some stratas have taken the step of creating a bylaw that makes them responsible for the smoke detector which means it is their responsibility to repair and minatian, this is rare.

Buildings often buy large quantities of detectors to provide to owners to allow them to obtain one quickly if it needs to be replaced. It is part of the bylaws that you, the owner or the tenant must provide access for the strata to test the unit annually. A tenant becomes responsible for this when they sign the form K which requires them to follow the bylaws and access for the testing is part of the bylaws.

If your unit is a Townhouse the stata may come and test the device or they may not. Our experience is most townhouses do not do insuite testing. This is because in most townhouse buildings the systems are not connected meaning each unit’s smoke detectors only set off their own and do not engage other unit devices like in condo buildings. Again the devices are inside the unit which means they fall under the responsibility of the owner to repair and maintain the devices. In the townhouse there will be multiple units and they are often connected to each other. If one is faulty it may trigger the other to sound to indicate an issue needs attention. The unit will be hard wired to the electrical wiring of the townhouse.

If you own a house you may not have hard wired devices, newer homes do but many older houses don’t. It is still a requirement for the landlord to provide devices in these properties. They would be battery operated only. It is good practice to ensure the property has multiple devices depending on the size of the property.

In all of the above situations it is a requirement for them to be working during a tenancy. Similar to a furnace if they are never used the batteries would never be used. This is not like the light bulb though as they must be in working order which makes it the landlords responsibility to ensure they are in good working order. This includes that the back up battery is functioning. Batteries don’t last long. Fire departments suggest changing them annually to ensure they are working when needed. It is good pactice to provide the tenant with the batteries to ensure they are able to change them. That being said, there are buildings with very tall ceilings and you can’t reach the device without a ladder and in some condos a tenant may not have a ladder tall enough to reach the unit to change the battery.

Policy Guidline GL1-1

Smoke Detectors 1. If there are smoke detectors, or if they are required by law, the landlord must install and keep smoke alarms in good working condition. Regular maintenance includes: • annual inspection of the system • annual cleaning and testing of the alarm • replacing batteries at least annually and according to the manufacturer's instructions. 2. The tenant must not prevent the smoke alarm from working by taking out batteries and leaving them out, or by replacing them with batteries that are dead or the wrong size. For their own safety and the safety of others, the tenant must tell the landlord when a smoke alarm needs new batteries, or that it seems to need to be repaired or replaced.

The smoke detector is avabluable part of the fire safety system and needs to be working when needed. Don’t leave it up to the tenant to ensure the unit is faulty.

Need help managing your investment properties. Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com

Philip Davies 8/7/26 Philip Davies 8/7/26

Should tenants rent from a property manager?

When we are talking to people about our service as a rental property manager we hear landlords comment that it is expensive to hire a property manager. Hiring any professional has costs associated with it. It is the same for hiring a lawyer, accountant or any other services based profession.

The three reasons we suggest landlords hire a property manager are knowledge, time and emotion. A licensed property manager should provide knowledge of the laws and regulations a landlord is required to follow. By hiring a property manager you are freeing up your time to do other things while your investment property is attended to. The last one is emotion. We find when landlords get involved with their properties we manage, they bring a level of emotion to the decision making process that can affect the tenancy negatively.

The fourth factor we are hearing more of lately is, more tenants are choosing to rent from property managers instead of directly from the landlords. Let me say that differently.

Quality tenants are choosing to rent from property managers, not directly from landlords.

As a property manager we often advise clients when they hire us, less people call us to view your property. They are surprised by this and when we expalin it is a positive thing, meaning the people who are not calling us are the tenants you do not want.

A tenant who chooses not to rent from a property manager is looking for that landlord who maybe doesn’t know the laws as well as the licensed property manager and they can manipulate them during the tenancy. These are called professional tenants.

Landlords are not the only ones having bad experiences in renting properties.

We are hearing more at our showings that tenants have had bad experiences renting directly from the landlord and want a professional involved to eliminate the landlord taking advantage of them. Tenants report stories of landlords trying to take advantage of the tenant during a tenancy by enforcing agreed to rules or not repairing items they are responsible to repair and blaming the tenants for damage they didn’t cause.

Although if a tenant feels their landlord is not following the rules and at any time can file a claim with RTB to rectify many issues, many feel when dealing with the landlord directly this will reflect negativley on the tenancy.

A licensed property manager must adhere to the laws in BC when providing service to their clients. The governing body describes it as licensed individuals must take “lawful direction” or they must not work for the client. If they continue taking unlawful direction they may be subject to discipline procedures from the governing body BCFSA.

When a client contacts us and requests we move the current tenant out of the property so they can choose a new tenant at the higher rental rates, we must say we can’t do this.

There is no legitimate reason to vacate the tenant at that time under the current laws.

We see many individual landlords try to circumvent laws to evict tenants for this and other situations and end up in the RTB losing a case.

The above reason and many others are why we are hearing more tenants only wanting to rent from a property management company. The advantage to the tenants is there is a governing body BCFSA, that if the property manager does something against the law the tenants are able to register a complaint against the licensee for their actions. This creates an additional level of professionalism in the industry to protect the tenants rights.

Unfortunately like any profession there are different levels of professionalism in the market place. We still hear and see stories of issues where property managers are doing things that are clearly a violation of the tenants rights. Sometimes it says it right on their websites.

We encourage all landlords and tenants to review the property managers work in the market place. If a tenant is looking for a place to rent and the market place identifies the landlord as a person who isn’t following the rules, regulations or meeting their requirements, tenants wil avoid the property. Let me say that differently again, quality tenants will avoid those properties, landlords or management companies.

The common denominator here is “quality tenants”. Most of the bad stories we read are the ones who are self managed and landlords are not following the laws and then disappointed they end up with a negative experience. Sometimes our clients try to advertise their unit at the same time as us and they receive more leads, but when they turn them over to us to follow up the person loses interest. The reason here is they don’t want to rent from a property manager. They want to rent from the landlord because they know they can manipulate the landlord more than a property manager.

If you want quality tenants attracted to your property, hire a professional.

Need help managing your investment properties. Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com

Philip Davies 7/31/26 Philip Davies 7/31/26

Who’s responsible for that?

One of the more common questions we are asked by clients is what about furnace filters?.

The policy guideline is clear that the repair and maintenance of the heating system for the home is the responsibility of the landlord. Landlords are expected to have the furnace serviced and cleaned including cleaning of the ducts on a regular basis in accordance with manufactures specifications, or annually where there are no specifications.

A furnace filter is part of the heating system. This is often missunderstood by many landlords and shockingly property managers. We see on some property management websites that state it is the tenants responsibility to replace furnace filters. This is incorrect. A comparable we use to explain this is the light bulb. If the tenant never turns the light on, a light bulb will never burn out. Although the light fixture is required to be working at the start of the tenancy there is no requirement for a room to have a light fixture. In fact many new condos have no overhead lights. If the light fixture is never turned on the light bulb will not burn out, a tenants choice. Tenants can plug a lamp in the outlet to have light in any room.

If the heating system was never turned on then it is concievealbe the furnace filter would never become dirty or need changing. Unlike a room with no overhead light there is a requirement for landlords to provide heat in all rooms of the rental property.

Heating is different as it is a requirement landlords must provide heat to tenants as part of a tenancy, which means tenants don’t have a choice to not turn on the heating system. If they require heat they must use the system. Policy guigeline GL1-1 as outlined below states it is the landlords responsiblity to replace furnace filters in the rental property. We often do this by providing filters for tenants during our inspections or having them acquire them and reimburse them for the filters when they have purchased them. It is often small issues like forcing tenants to buy furnace filters that turn a tenancy from a positive to negative. It is easy for a tenant to look this information up on the RTB website and see who is responsible for it and when a landlord is adamant they are not paying for it it could lead to the tenant filing a monetary claim with the RTB and or worse causing damage to the property due to the dissatisfaction with the landlord failing to fullfill their responsibilites.

Understanding your responsibilities as a landlord is important. If you are unsure you should hire a professional, one who understands yours and the tenants responsibilities.

Policy Guigdleine GL1-1 Furnaces

N. Furnaces 1. The landlord is responsible for inspecting and servicing the furnace in accordance with the manufacturer’s specifications, or annually where there are no manufacturer’s specifications, and is responsible for replacing furnace filters, cleaning heating ducts and ceiling vents as necessary. 2. The tenant is responsible for cleaning floor and wall vents as necessary.

Need help managing your investment properties. Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com

Philip Davies 7/24/26 Philip Davies 7/24/26

What are the benefits of a slower rental market?

There are benefits of a slower rental market for both landlords and tenants. Yes I said there are benefits to a slow rental market, what are they?.

For tenants the benefit is the rental prices are usually on a decline meaning rental properties become more affordable. Other benefits are improved properties and easier moving process.

When the demand out paces the supply the landlord needs to be more competitive not just in price but in the product they are offering. When a tenant moves out and the unit has not been rented for the following month a landlord has the opportunity to perform repair work upgrading the unit. A vacant unit is a good time to repaint, change flooring or replace appliances.

Another benefit for tenants is an easier moving process. The tenancy act requires tenants to vacate their current property on the last day of the month they give notice by 1pm. If the unit has been rented for the next month that means another tenant is moving in later that same day or the following day. When the market is slower we often see units vacant for months or more in between tenancies. This means we are able to allow tenants to occupy the unit a few days before the tenancy starts which allows them to move out of their unit early, which in turn then allows them to go back to their unit and clean it properly. This is a less stressful process for both the move out and the move in. If the bundling is in apartment buildings or condos it also means it is easier to book an elevator as there is less moving occurring each month.

The benefits to the landlord are as mentioned it provides options to improve the unit between a tenancy. It also gives the landlord the option to consider other considerations. If it is a condo, house or townhome they can choose to sell the unit after the tenant has vacated the unit. Selling a property while it is a tenant can be difficult for access purposes along with the requirements for providing notice when the unit sells. If the unit is vacant, selling is tremendously easier. Sometimes the stress of the process of moving tenants in and out of properties can be difficult for landlords to manage. Any time you can have some space between the two tenancies it becomes a more pleasant process. When both the landlord and the tenant are experiencing less stress at the start of the tenancy there is a better chance of appositive tenancy existing.

What other benefits do you know of during the slower rental market conditions.?

Need help managing your investment properties. Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com

Philip Davies 7/21/26 Philip Davies 7/21/26

Landlord use of Property, what you need to know.

During covid there was lots of noise over landlord use of property evictions. Oddly that narrative like many others has slowed down or disappeared in the past year.

Why is there less noise over the landlord’s use of notice?.

The reason there was lots happening during covid is due to the rapidly increasing rental rates many landlords were looking for ways to increase their rents to tenants. Landlords wanted the higher rent and were willing to try a tactic that would have the tenant move and then re-rent the unit at a higher rental rate. We are not hearing this in the current market due to the rapidly decreasing rents. Landlords don’t want their units vacant right now so they are not trying to move the tenants out. If a unit becomes vacant now a landlord could be facing multiple months of no rent, followed by the unit rented at a lower rent then it was before.

Many landlords found themselves on the wrong end of an RTB case when their notice to vacate for personal use was challenged by the tenants. The process for a landlord use eviction is very straight forward and clearly defined by the act. Section 49 of the RTA clearly states who can move into the unit after the landlord has said they are using it for landlord use of property. The only people who can move in are the owners (landlords), their spouse, parents or children or the parents or children of the spouse. This is a very small group of people for a reason. It limits the property from being used for anything other than immediate family.

When a landlord tries to move a person outside these parameters into the property under the landlord us provision they are violating the tenants rights. The government does not like it when landlords violate tenants rights. For this reason they have increased the penalties for abusing tenants rights for the gain of higher rents.

Many people say the process is hard to follow and one should seek help in doing this process. Professional help is always a good idea if you are unsure what you are doing.

The first thing you need to do is identify if the person who is going to live in the unit fits the description in the RTA for landlord use of property. If they do, the landlord can proceed with the notice to vacate. Starting in June of 2025 a notice for landlord use must be generated through the RTB website. There is no longer a form to fill out and send to the tenant. It must be filled out online and the system will advise if it is filled in correctly. It also records the people’s names and birthdates of who are planning to reside in the property. This data is collected for use in the event the tenant challenges the notice.

The notice must be delivered in a proper format according to the service requirements under the act. You may send documents by email if you have the tenants permission. If you do not have permission to send by email you need to send it in an approved form.

When you request the tenants move out a landlord must also compensate the tenant for one month’s rent to vacate the unit. This is often done by not collecting the final months rent before the tenants move out. After the tenant vacates the identified party on the notice must occupy the rental property for a twelve month period. Failing to do this could result in the opportunity for the tenant to claim the landlord acted in bad faith when evicting the tenants.

If a landlord is found to have acted in bad faith when using the for “landlord use notice” the penalty is a full twelve months of rent to be paid to the tenants.

Why have we not heard this as an issue in the past year?. The rental market changed and with a greater supply of products. Tenant’s are moving out of properties they don’t want to stay in. This allows the landlord to do whatever they want with the property. We are experiencing more clients electing to sell the property instead of re-renting the unit. When the tenant gives notice to vacate, selling the unit becomes easier as you don’t need to deal with tenants. Landlords are also taking the property back for personal use without the worry of providing the proper notice.

If you are unsure of your responsibilities for landlord use notice we suggest you work with a professional who can guide you through the process.

Need help managing your investment properties. Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com