BC landlords allowed to exceed rent cap with 23.5% increase

Approval follows requests from the landlords to account for the high mortgage rates they're facing

BC landlords allowed to exceed rent cap with 23.5% increase

In a decision that has sparked concerns among tenants, the British Columbia Residential Tenancy Branch (RTB) has approved a significant rent increase of 23.5% for two landlords, on top of the province’s annual allowable rent increase of 3.5% for 2024.

According to a CBC News report, the increase is set to be implemented over two years. The decision was made following the landlords’ claims that rising mortgage rates made their financial situation unsustainable.

The landlords, who purchased a fourplex in October 2021, sought the rent hike after the interest rate on their variable mortgage climbed from 1.9% to 6.65% by July 2023. According to court documents, the sudden rise in mortgage costs pushed their annual financing expenses from approximately $46,000 to $80,000, leading to the RTB’s decision.

The tenants, who were paying between $1,282 and $1,550 per month for the two-bedroom, one-bathroom units, rejected the landlords’ initial request for a $500 per month increase. Some tenants offered a smaller increase of $50, which was not accepted by the landlords.

The RTB acknowledged the tenants’ concerns about affordability but ultimately ruled in favour of the landlords. The branch noted that the landlords had successfully demonstrated a financial loss based on a balance of probabilities due to the unexpected rise in interest rates. However, the RTB chose to spread the rent increase over two years instead of one to lessen the impact on tenants.

Economic fallout

The ruling highlights the broader economic impact of fluctuating interest rates, particularly as landlords grapple with the financial aftershocks of the pandemic. The RTB emphasized that the significant rise in mortgage interest rates was due to “unforeseen events,” underscoring the challenges landlords face in maintaining rental properties under changing economic conditions.

The case also draws attention to the limitations of BC’s rent control measures, which cap annual rent increases at 3.5% unless landlords can prove extenuating circumstances. The RTB’s decision to permit a 23.5% hike could set a precedent for similar cases, potentially affecting renters across the province.

Public reaction

The ruling has stirred debate among renters’ advocacy groups, who argue that the decision places undue burden on tenants already facing high living costs in BC. Critics say that the case illustrates the vulnerability of renters in a market where landlords can appeal for significant increases based on financial hardship.

On the other hand, property owners and real estate experts have pointed out that the ruling reflects the financial pressures landlords face, especially those with variable-rate mortgages.

As the cost of living continues to rise, the balance between fair rent and sustainable property ownership remains a contentious issue in British Columbia.

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