RSS

BC’s Flipping Tax- Effective January 1st, 2025

Understanding BC’s New Home Flipping Tax: What You Need to Know
The BC government introduced the Home Flipping Tax in early 2024, a move aimed at curbing speculative activity in the housing market. This new measure could have significant implications for property owners, investors, and even some regular homeowners. That tax is now applicable so let’s break it down and see what it means for you.

What is the BC Home Flipping Tax?

The Home Flipping Tax, effective for property sales on or after January 1, 2023, is part of British Columbia’s broader effort to create housing affordability. This tax applies to individuals who sell a property that they’ve owned for less than 2 years (729 days), with certain exemptions for life events.

How Does It Work?

If you sell a residential property within 729 days of purchase, profits made from the sale will be taxed as business income. This means the profit won’t qualify for the principal residence exemption that typically allows homeowners to sell their primary residence tax-free, although sellers that owned their home for more than 1 year and used their home as a primary residence at some point during that period MAY be eligible for a $20,000 principal residence exemption.


How to calculate taxable income;
Proceeds from sale of property
(-)cost to purchase property
(-)cost to improve property
(-)principal residence exemption (if applicable)
______________________________________
= Taxable Income


How to calculate tax rate;
If you own the property for less than 366 days, the tax rate is 20%.

If you own the property for more than 365 days and less than 730 days, the tax rate is reduced until it reaches zero according to the following formula:

Tax rate = 20% × [ 1 - ( (Days held - 365) / 365) ]

Exemptions to the Tax
The government recognizes that not all short-term sales are speculative. Some key exemptions include:

  • Divorce or separation

  • Job relocation (minimum 40 km move)

  • Health-related reasons

  • Death in the family

  • Threat to personal safety (e.g., domestic violence)

  • Insolvency or significant financial hardship

  • Natural disasters

These exemptions ensure that people experiencing genuine hardships or life changes aren’t unfairly penalized.

Who Does This Impact?

Investors
If you’ve been flipping homes as part of your investment strategy, this tax is a game-changer. Any profit made within the 2 year period will now be subject to the above tax rates, which could make some flips less profitable. This is particularly important for those who rely on the principal residence exemption as part of their tax planning.

Homeowners
Regular homeowners might also be affected, especially if life circumstances force an unplanned move. While exemptions exist, you’ll need to provide documentation to qualify, so be prepared to prove your case if necessary.

Prospective Buyers
For buyers, the tax could reduce speculative activity in the market, potentially leading to less competition and more stable pricing. However, the broader impact on overall housing affordability remains to be seen.

What Does This Mean for the Market?

The goal of the Home Flipping Tax is to discourage speculative flipping and stabilize the housing market. While it might deter some investors, it could also encourage longer-term homeownership, contributing to a healthier housing supply. That said, the tax is just one piece of the puzzle that the NDP’s are adding to try and address affordability challenges in BC.

How to Navigate the New Rules

If you’re planning to buy or sell a home in BC, here’s what you can do to stay ahead:

  1. Plan for the Long Term: If you’re purchasing a home, consider whether it’s a place you can see yourself staying in for at least a year.

  2. Understand Your Tax Obligations: Work with a tax professional to understand how the Home Flipping Tax might affect your finances, especially if you’re an investor.

  3. Keep Documentation: If you think you might qualify for an exemption, make sure to keep thorough records of the life event prompting your sale.

  4. Work with a Realtor: Navigating these new rules can be complex, so having an experienced realtor on your side will help you make informed decisions.

Let’s Build Your Strategy

Whether you’re buying, selling, or simply planning your next move, working with someone that keeps up with the newest regulations in housing is crucial. Let’s sit down and develop a strategy that works for your unique situation.

Reach out today:
Email: kadelacasse@gmail.com
Call/Text: 604-401-9199
Book directly into my calendar HERE

Read

“ANOTHER ONE”

Another Big Move: Bank of Canada Cuts Rates Again by 50 bps

The Bank of Canada did it again! On December 11th, they announced another significant cut to the overnight target rate, slashing it by 0.50%, bringing the rate down from 3.75% to 3.25%. This marks the second consecutive 50 bps cut following the October decision and reflects a clear shift away from a restrictive monetary policy away. For homeowners, prospective buyers, and anyone navigating the mortgage market, this is another game-changer.

What Does This Mean for You?

Variable Rate Mortgage Holders

For those with variable rate mortgages, you’ll notice some impactful changes:

  • Fixed Payment Variable Mortgages: If your payment is fixed, your payment remains unchanged. However, a greater portion of your payment will now go toward reducing your principal balance instead of paying interest. For example:

    • A $500,000 uninsured mortgage with a 30-year amortization and rate of Variable Prime - 0.56% had a rate of 5.89% before the October cut with a payment of $2962.48. $508 of which went to principal. After October's cut, $717 of that payment would go to principal, and after December's cut $925 is going towards the principal, effectively dropping your amortization from 30yrs to just under 24yrs.

  • Adjustable Rate Mortgages: Your payment will decrease with this rate cut to maintain your original amortization schedule. For the same mortgage, your payment drops to $2,650.60, with $613 now going to the principal. This adjustment provides immediate relief to your monthly budget.

    ** Some banks will allow ‘fixed payment’ variable mortgage holders to adjust their payments. If a lower payment aligns more with your goals than shorter amortization; chat with your mortgage broker or call your bank directly to check your options.

Fixed Rate Mortgage Holders

If you’re locked into a fixed rate, this cut won’t impact your payments directly. However, it might be worth revisiting your options if your term is nearing renewal or if breaking your mortgage to refinance at a lower rate could save you money. Consult with your mortgage broker to analyze potential penalties and savings.

Prospective Buyers

  • Going Fixed: Fixed rates aren’t directly impacted by these cuts as they follow bond yields. Influenced by recent domestic political uncertainties, such as the recent resignation of Canada's finance minister, and global economic concerns impacting investor sentiment, the bond yields have only seen very slight downward trends when compared to the Bank of Canada decisions . If fixed is your preference, lock in your rate now but keep on your mortgage broker to push for better rates once you're under contract. 

  • Going Variable: Your purchasing power continues to grow as variable rates drop. This rate cut boosts borrowing capacity by another 4-5%. With more cuts potentially on the horizon, the trend is clear: Variable borrowers are in a strong position. But remember, as your buying power increases, so does everyone else’s. Acting now can help you beat the rush as sellers with listings that have sat over the holidays may be keen to move on to their next property.

Will There Be Another Cut on January 29th?

Looking ahead, the market is pricing a 60% chance of a 25 bps cut and a 40% chance of no cut at all, based on the forward contracts on the Canadian Overnight Repo Rate Average (CORRA) as of December 28th. Factors influencing this decision include:

  • Inflation Trends: Core inflation has been cooling but remains slightly above the Bank’s target range. Further cuts will depend on whether this trend continues.

  • Economic Growth: Recent GDP data suggests slowing growth, which supports further easing.

  • Global Influences: The Bank is also monitoring international monetary policies, particularly in the U.S., as well as global financial stability.

Should You Wait or Buy Now?

Every situation is unique, but here are some things to consider:

  • Ready to Buy: December and January are typically great times to be active as a buyer. This year inventory levels remain high, and many sellers are motivated. Acting now could give you a significant edge over spring competition.

  • Waiting for Another Cut: If your down payment or finances aren’t ready yet, there’s potential for rates to drop further. However, the spring market typically brings more competition and potentially higher home prices, offsetting the benefit of lower rates.

  • Mixing Fixed and Variable: Some buyers are opting for variable rates now and planning to lock into a fixed rate later in 2025. Discuss this strategy with your broker to ensure it aligns with your financial goals.

Let’s Build Your Plan Together

The recent rate cuts have reshaped the housing market landscape, creating opportunities for homeowners looking to make a move and buyers alike. Whether you're planning to buy your first home, upsize or downsize it’s crucial to have a tailored strategy with an advisor you can trust.

Reach out today to discuss your goals and take advantage of the changing market:

Email: kadelacasse@gmail.com
Call/Text: 604-401-9199
Book directly into my schedule HERE

Read

Important Changes to The Residential Tenancy Act

And What Landlords, Buyers, and Tenants Should Know

The Residential Tenancy Act in BC has recently undergone some significant changes impacting landlords, buyers, and tenants. This is not an exhaustive breakdown of the changes but these are the key changes that could affect the everyday real estate transaction.

Notice Periods
The most significant change is the extended notice period for tenants. Landlords are now required to give a four-month notice to vacate for personal or caretaker use, up from the previous two months. This change came into effect on July 18th, 2024.

It's important to note that notice is still effective on the final day of your rental period (the day before rent is due). So, if you are in a month-to-month lease paying rent at the beginning of the month and receive notice on September 10th, you won't be required to vacate until January 31st, 2025.

However, it seems the Government of BC acted recklessly by announcing these changes without properly consulting the industries impacted. Initially, the four-month notice period also applied to landlords serving notice on behalf of new buyers intending to move into the home and requesting vacant possession. The issue with including primary residence purchases is that rate holds—when a buyer’s lender pre-approves them at a certain interest rate—are typically valid for only 90-120 days, with rare exceptions. For example, if a buyer was just pre-approved at the end of August, their rate hold would expire by the end of December, leaving them vulnerable to rate shifts that could affect their mortgage qualification. Unfortunately, major banks, being national entities, are unlikely to adjust their policies based on one province’s legislative changes so they would not provide any workarounds. While I understand their intention to enhance tenant protections, the originally introduced extended notice period would disproportionately penalize first-time buyers, who have no options to bridge their mortgage from an existing property. 

The solution? After lobbying from mortgage brokers and the real estate industry, the BC Government announced an amendment reducing the notice period for landlords instructed to provide notice for a purchaser when they or their close family member will live in the property, from four months to three months. This amendment was effective August 21st.

So, if you are in a month-to-month lease and your landlord, after a buyer has removed subjects and instructed them to provide notice to vacate, serves that notice on September 2nd, you would be required to vacate by December 31st, 2025.

Fixed-term tenancies can be served notice to vacate, but the three-month notice still applies, and the effective date to vacate cannot be before the end of their fixed term.

Web Portal: A New Tool for Transparency
Landlords are now required to use the Landlord Use Web Portal to generate the Notice to End Tenancy. This creates a tool for regulators to register and track evictions, increasing transparency in the process. Additionally, notices generated due to a new buyer requesting vacant possession will now require a copy of the Contract of Purchase and Sale to be included.

Initial Length of Use
They have increased the length of time a landlord must use a rental unit for personal or caretaker use following the eviction of a former tenant. This period is up from 6 months to 12 months. If a landlord fails to demonstrate personal use or caretaker use for 12 months, they may be liable to pay an evicted tenant 12 months’ rent as compensation.

Dispute Period
The deadline for a tenant to dispute has also increased to;
-21 days when receiving 3 months notice
-30 days when receiving 4 months notice.

The clock starts as soon as the notice is deemed received. (more info about serving notice here)

Landlords: Navigating the New Landscape
Even with the latest amendment reducing notice to three months, selling a unit with a tenant has gotten stickier. Currently, inventory is above seasonal averages, and most investors are on the sidelines due to high interest rates which means the active buyers are looking for vacant possession not taking over tenants.

Landlords should be aware of the challenges they may face when selling a tenanted property, including:
-smaller buyer pool due to expiring rate holds, risks assuming tenancy
-long completion
-not staged well
-inflexible showing times

In a busier market, your property will still move, but what are you leaving on the table?
In slower markets, your property sitting on the market will only lead buyers to look for more of a deal.

Buyers: Understanding the Risks
Don't shy away from a property just because it is tenanted, but make sure you understand the risk of buying a tenanted property. If you're getting good value, need a long completion, or have found a unique property then I understand but otherwise, why deal with the additional stress of a tenanted property?

Tenants: Leverage the New Rules
Yes, your notice period has extended, which is valuable to help you find a home in a typically terrible rental market. But the blessing in this amendment is your increase in leverage. Once you know of your landlord’s intention to sell; using the knowledge that a vacant home will sell easier, you may be able to get more than the Tenancy Act entitles you to...
How you ask?

Cash for Keys, baby! A Potential Win-Win Solution
The term "Cash for Keys" refers to an agreement where a tenant agrees to vacate a property on a specific date in exchange for a payment from the landlord. This arrangement can be beneficial for both parties:

Sellers/Landlords  have a vacant property that they can stage and market which will no longer deter buyers who are averse to the completion length.

Tenants could leave on their own terms with more money in their pocket to help ease the cost of moving and off-set your potential increase in rent.

Final Thoughts
These changes to the Residential Tenancy Act have shifted the landscape for landlords, buyers, and tenants in BC. It's important to be informed about these changes and understand how they may impact your real estate decisions and the best way to make sure you stay informed is to work with a professional that is on top of the latest regulations and helps you make informed decisions.

https://calendly.com/kadelacasse_realtor/


Again, this is not an exhaustive breakdown; you can find much more information regarding Bill 14 by typing "bill 14 residential tenancy act" into your favourite search engine.

Read

BC's New Short-Term Rentals Act



Announced the morning of Oct 16, 2023;
The latest housing legislation introduced by the province is aimed specifically at short term housing within the province as municipalities across the BC deal with long term rental shortages causing record increases in monthly rent. 

The Gov't of BC plans to phase-in the legislation over 2 years. You can find the full details at the link below but here are my highlights;

  1. Primary Residents Only: The legislation appears to restrict short-term rentals to primary residents, meaning those who live in the property as their main residence. Secondary suites on the same property may be allowed for short-term rentals.

  2. Fines and Data Sharing: The legislation includes provisions to increase fines for operators of short-term rentals. It also requires platforms such as Airbnb and VRBO to share data with local and provincial government authorities, which can help in monitoring and enforcement.

  3. Host and Platform Registry: The province plans to establish a provincial host and platform registry by late 2024, which is aimed at enhancing accountability in the short-term rental market.

  4. Compliance and Enforcement Unit: A provincial short-term rental compliance and enforcement unit is to be set up. This unit will be responsible for ensuring that the rules and regulations are followed by short-term rental operators.

This announcement comes less than a month after a report out of McGill University commissioned by the BC Hotel Association which stated that, between June 2023 and when the pandemic restrictions lifted in 2022, the removal of homes from long-term rental stock to short-term rental caused a 16.6% increase in baseline rent in major municipalities.

Enforcement is a significant concern, as many cities, including Vancouver, already have bylaws that are stricter than the ones introduced in this Act. Vancouver, for instance, requires short-term rental operators to be primary residents, have a business license, and restricts the rental of secondary suites unless they are the primary residence. However, enforcement has been a challenge in these municipalities and they have been asking the province for assitance.

The BC Hotel Association's report, authored by McGill University Professor Dr. David Wachsmuth, released in September 2023 highlights that a significant portion of short-term rental revenue comes from commercial operators who do not live in the properties they rent out. If the province can effectively enforce the new regulations and penalize violators, homes could return to the long-term rental market, alleviating a bit of the pressure related to long-term rental shortages and rising monthly rents in major municipalities. 

To stay informed on the latest, make sure to sign up for my newsletter.

Kade


To learn more about new short-term rental rules in B.C., visit: https://gov.bc.ca/ShortTermRentals

Full "The housing impacts of short-term rentals in British Columbia’s regions" report found here:
https://upgo.lab.mcgill.ca/publication/strs-housing-bc-2023-summer/Wachsmuth_BC_2023_08_10.pdf

Read
RSS

BC’s Flipping Tax- Effective January 1st, 2025

Understanding BC’s New Home Flipping Tax: What You Need to Know
The BC government introduced the Home Flipping Tax in early 2024, a move aimed at curbing speculative activity in the housing market. This new measure could have significant implications for property owners, investors, and even some regular homeowners. That tax is now applicable so let’s break it down and see what it means for you.

What is the BC Home Flipping Tax?

The Home Flipping Tax, effective for property sales on or after January 1, 2023, is part of British Columbia’s broader effort to create housing affordability. This tax applies to individuals who sell a property that they’ve owned for less than 2 years (729 days), with certain exemptions for life events.

How Does It Work?

If you sell a residential property within 729 days of purchase, profits made from the sale will be taxed as business income. This means the profit won’t qualify for the principal residence exemption that typically allows homeowners to sell their primary residence tax-free, although sellers that owned their home for more than 1 year and used their home as a primary residence at some point during that period MAY be eligible for a $20,000 principal residence exemption.


How to calculate taxable income;
Proceeds from sale of property
(-)cost to purchase property
(-)cost to improve property
(-)principal residence exemption (if applicable)
______________________________________
= Taxable Income


How to calculate tax rate;
If you own the property for less than 366 days, the tax rate is 20%.

If you own the property for more than 365 days and less than 730 days, the tax rate is reduced until it reaches zero according to the following formula:

Tax rate = 20% × [ 1 - ( (Days held - 365) / 365) ]

Exemptions to the Tax
The government recognizes that not all short-term sales are speculative. Some key exemptions include:

  • Divorce or separation

  • Job relocation (minimum 40 km move)

  • Health-related reasons

  • Death in the family

  • Threat to personal safety (e.g., domestic violence)

  • Insolvency or significant financial hardship

  • Natural disasters

These exemptions ensure that people experiencing genuine hardships or life changes aren’t unfairly penalized.

Who Does This Impact?

Investors
If you’ve been flipping homes as part of your investment strategy, this tax is a game-changer. Any profit made within the 2 year period will now be subject to the above tax rates, which could make some flips less profitable. This is particularly important for those who rely on the principal residence exemption as part of their tax planning.

Homeowners
Regular homeowners might also be affected, especially if life circumstances force an unplanned move. While exemptions exist, you’ll need to provide documentation to qualify, so be prepared to prove your case if necessary.

Prospective Buyers
For buyers, the tax could reduce speculative activity in the market, potentially leading to less competition and more stable pricing. However, the broader impact on overall housing affordability remains to be seen.

What Does This Mean for the Market?

The goal of the Home Flipping Tax is to discourage speculative flipping and stabilize the housing market. While it might deter some investors, it could also encourage longer-term homeownership, contributing to a healthier housing supply. That said, the tax is just one piece of the puzzle that the NDP’s are adding to try and address affordability challenges in BC.

How to Navigate the New Rules

If you’re planning to buy or sell a home in BC, here’s what you can do to stay ahead:

  1. Plan for the Long Term: If you’re purchasing a home, consider whether it’s a place you can see yourself staying in for at least a year.

  2. Understand Your Tax Obligations: Work with a tax professional to understand how the Home Flipping Tax might affect your finances, especially if you’re an investor.

  3. Keep Documentation: If you think you might qualify for an exemption, make sure to keep thorough records of the life event prompting your sale.

  4. Work with a Realtor: Navigating these new rules can be complex, so having an experienced realtor on your side will help you make informed decisions.

Let’s Build Your Strategy

Whether you’re buying, selling, or simply planning your next move, working with someone that keeps up with the newest regulations in housing is crucial. Let’s sit down and develop a strategy that works for your unique situation.

Reach out today:
Email: kadelacasse@gmail.com
Call/Text: 604-401-9199
Book directly into my calendar HERE

Read

“ANOTHER ONE”

Another Big Move: Bank of Canada Cuts Rates Again by 50 bps

The Bank of Canada did it again! On December 11th, they announced another significant cut to the overnight target rate, slashing it by 0.50%, bringing the rate down from 3.75% to 3.25%. This marks the second consecutive 50 bps cut following the October decision and reflects a clear shift away from a restrictive monetary policy away. For homeowners, prospective buyers, and anyone navigating the mortgage market, this is another game-changer.

What Does This Mean for You?

Variable Rate Mortgage Holders

For those with variable rate mortgages, you’ll notice some impactful changes:

  • Fixed Payment Variable Mortgages: If your payment is fixed, your payment remains unchanged. However, a greater portion of your payment will now go toward reducing your principal balance instead of paying interest. For example:

    • A $500,000 uninsured mortgage with a 30-year amortization and rate of Variable Prime - 0.56% had a rate of 5.89% before the October cut with a payment of $2962.48. $508 of which went to principal. After October's cut, $717 of that payment would go to principal, and after December's cut $925 is going towards the principal, effectively dropping your amortization from 30yrs to just under 24yrs.

  • Adjustable Rate Mortgages: Your payment will decrease with this rate cut to maintain your original amortization schedule. For the same mortgage, your payment drops to $2,650.60, with $613 now going to the principal. This adjustment provides immediate relief to your monthly budget.

    ** Some banks will allow ‘fixed payment’ variable mortgage holders to adjust their payments. If a lower payment aligns more with your goals than shorter amortization; chat with your mortgage broker or call your bank directly to check your options.

Fixed Rate Mortgage Holders

If you’re locked into a fixed rate, this cut won’t impact your payments directly. However, it might be worth revisiting your options if your term is nearing renewal or if breaking your mortgage to refinance at a lower rate could save you money. Consult with your mortgage broker to analyze potential penalties and savings.

Prospective Buyers

  • Going Fixed: Fixed rates aren’t directly impacted by these cuts as they follow bond yields. Influenced by recent domestic political uncertainties, such as the recent resignation of Canada's finance minister, and global economic concerns impacting investor sentiment, the bond yields have only seen very slight downward trends when compared to the Bank of Canada decisions . If fixed is your preference, lock in your rate now but keep on your mortgage broker to push for better rates once you're under contract. 

  • Going Variable: Your purchasing power continues to grow as variable rates drop. This rate cut boosts borrowing capacity by another 4-5%. With more cuts potentially on the horizon, the trend is clear: Variable borrowers are in a strong position. But remember, as your buying power increases, so does everyone else’s. Acting now can help you beat the rush as sellers with listings that have sat over the holidays may be keen to move on to their next property.

Will There Be Another Cut on January 29th?

Looking ahead, the market is pricing a 60% chance of a 25 bps cut and a 40% chance of no cut at all, based on the forward contracts on the Canadian Overnight Repo Rate Average (CORRA) as of December 28th. Factors influencing this decision include:

  • Inflation Trends: Core inflation has been cooling but remains slightly above the Bank’s target range. Further cuts will depend on whether this trend continues.

  • Economic Growth: Recent GDP data suggests slowing growth, which supports further easing.

  • Global Influences: The Bank is also monitoring international monetary policies, particularly in the U.S., as well as global financial stability.

Should You Wait or Buy Now?

Every situation is unique, but here are some things to consider:

  • Ready to Buy: December and January are typically great times to be active as a buyer. This year inventory levels remain high, and many sellers are motivated. Acting now could give you a significant edge over spring competition.

  • Waiting for Another Cut: If your down payment or finances aren’t ready yet, there’s potential for rates to drop further. However, the spring market typically brings more competition and potentially higher home prices, offsetting the benefit of lower rates.

  • Mixing Fixed and Variable: Some buyers are opting for variable rates now and planning to lock into a fixed rate later in 2025. Discuss this strategy with your broker to ensure it aligns with your financial goals.

Let’s Build Your Plan Together

The recent rate cuts have reshaped the housing market landscape, creating opportunities for homeowners looking to make a move and buyers alike. Whether you're planning to buy your first home, upsize or downsize it’s crucial to have a tailored strategy with an advisor you can trust.

Reach out today to discuss your goals and take advantage of the changing market:

Email: kadelacasse@gmail.com
Call/Text: 604-401-9199
Book directly into my schedule HERE

Read

Important Changes to The Residential Tenancy Act

And What Landlords, Buyers, and Tenants Should Know

The Residential Tenancy Act in BC has recently undergone some significant changes impacting landlords, buyers, and tenants. This is not an exhaustive breakdown of the changes but these are the key changes that could affect the everyday real estate transaction.

Notice Periods
The most significant change is the extended notice period for tenants. Landlords are now required to give a four-month notice to vacate for personal or caretaker use, up from the previous two months. This change came into effect on July 18th, 2024.

It's important to note that notice is still effective on the final day of your rental period (the day before rent is due). So, if you are in a month-to-month lease paying rent at the beginning of the month and receive notice on September 10th, you won't be required to vacate until January 31st, 2025.

However, it seems the Government of BC acted recklessly by announcing these changes without properly consulting the industries impacted. Initially, the four-month notice period also applied to landlords serving notice on behalf of new buyers intending to move into the home and requesting vacant possession. The issue with including primary residence purchases is that rate holds—when a buyer’s lender pre-approves them at a certain interest rate—are typically valid for only 90-120 days, with rare exceptions. For example, if a buyer was just pre-approved at the end of August, their rate hold would expire by the end of December, leaving them vulnerable to rate shifts that could affect their mortgage qualification. Unfortunately, major banks, being national entities, are unlikely to adjust their policies based on one province’s legislative changes so they would not provide any workarounds. While I understand their intention to enhance tenant protections, the originally introduced extended notice period would disproportionately penalize first-time buyers, who have no options to bridge their mortgage from an existing property. 

The solution? After lobbying from mortgage brokers and the real estate industry, the BC Government announced an amendment reducing the notice period for landlords instructed to provide notice for a purchaser when they or their close family member will live in the property, from four months to three months. This amendment was effective August 21st.

So, if you are in a month-to-month lease and your landlord, after a buyer has removed subjects and instructed them to provide notice to vacate, serves that notice on September 2nd, you would be required to vacate by December 31st, 2025.

Fixed-term tenancies can be served notice to vacate, but the three-month notice still applies, and the effective date to vacate cannot be before the end of their fixed term.

Web Portal: A New Tool for Transparency
Landlords are now required to use the Landlord Use Web Portal to generate the Notice to End Tenancy. This creates a tool for regulators to register and track evictions, increasing transparency in the process. Additionally, notices generated due to a new buyer requesting vacant possession will now require a copy of the Contract of Purchase and Sale to be included.

Initial Length of Use
They have increased the length of time a landlord must use a rental unit for personal or caretaker use following the eviction of a former tenant. This period is up from 6 months to 12 months. If a landlord fails to demonstrate personal use or caretaker use for 12 months, they may be liable to pay an evicted tenant 12 months’ rent as compensation.

Dispute Period
The deadline for a tenant to dispute has also increased to;
-21 days when receiving 3 months notice
-30 days when receiving 4 months notice.

The clock starts as soon as the notice is deemed received. (more info about serving notice here)

Landlords: Navigating the New Landscape
Even with the latest amendment reducing notice to three months, selling a unit with a tenant has gotten stickier. Currently, inventory is above seasonal averages, and most investors are on the sidelines due to high interest rates which means the active buyers are looking for vacant possession not taking over tenants.

Landlords should be aware of the challenges they may face when selling a tenanted property, including:
-smaller buyer pool due to expiring rate holds, risks assuming tenancy
-long completion
-not staged well
-inflexible showing times

In a busier market, your property will still move, but what are you leaving on the table?
In slower markets, your property sitting on the market will only lead buyers to look for more of a deal.

Buyers: Understanding the Risks
Don't shy away from a property just because it is tenanted, but make sure you understand the risk of buying a tenanted property. If you're getting good value, need a long completion, or have found a unique property then I understand but otherwise, why deal with the additional stress of a tenanted property?

Tenants: Leverage the New Rules
Yes, your notice period has extended, which is valuable to help you find a home in a typically terrible rental market. But the blessing in this amendment is your increase in leverage. Once you know of your landlord’s intention to sell; using the knowledge that a vacant home will sell easier, you may be able to get more than the Tenancy Act entitles you to...
How you ask?

Cash for Keys, baby! A Potential Win-Win Solution
The term "Cash for Keys" refers to an agreement where a tenant agrees to vacate a property on a specific date in exchange for a payment from the landlord. This arrangement can be beneficial for both parties:

Sellers/Landlords  have a vacant property that they can stage and market which will no longer deter buyers who are averse to the completion length.

Tenants could leave on their own terms with more money in their pocket to help ease the cost of moving and off-set your potential increase in rent.

Final Thoughts
These changes to the Residential Tenancy Act have shifted the landscape for landlords, buyers, and tenants in BC. It's important to be informed about these changes and understand how they may impact your real estate decisions and the best way to make sure you stay informed is to work with a professional that is on top of the latest regulations and helps you make informed decisions.

https://calendly.com/kadelacasse_realtor/


Again, this is not an exhaustive breakdown; you can find much more information regarding Bill 14 by typing "bill 14 residential tenancy act" into your favourite search engine.

Read

BC's New Short-Term Rentals Act



Announced the morning of Oct 16, 2023;
The latest housing legislation introduced by the province is aimed specifically at short term housing within the province as municipalities across the BC deal with long term rental shortages causing record increases in monthly rent. 

The Gov't of BC plans to phase-in the legislation over 2 years. You can find the full details at the link below but here are my highlights;

  1. Primary Residents Only: The legislation appears to restrict short-term rentals to primary residents, meaning those who live in the property as their main residence. Secondary suites on the same property may be allowed for short-term rentals.

  2. Fines and Data Sharing: The legislation includes provisions to increase fines for operators of short-term rentals. It also requires platforms such as Airbnb and VRBO to share data with local and provincial government authorities, which can help in monitoring and enforcement.

  3. Host and Platform Registry: The province plans to establish a provincial host and platform registry by late 2024, which is aimed at enhancing accountability in the short-term rental market.

  4. Compliance and Enforcement Unit: A provincial short-term rental compliance and enforcement unit is to be set up. This unit will be responsible for ensuring that the rules and regulations are followed by short-term rental operators.

This announcement comes less than a month after a report out of McGill University commissioned by the BC Hotel Association which stated that, between June 2023 and when the pandemic restrictions lifted in 2022, the removal of homes from long-term rental stock to short-term rental caused a 16.6% increase in baseline rent in major municipalities.

Enforcement is a significant concern, as many cities, including Vancouver, already have bylaws that are stricter than the ones introduced in this Act. Vancouver, for instance, requires short-term rental operators to be primary residents, have a business license, and restricts the rental of secondary suites unless they are the primary residence. However, enforcement has been a challenge in these municipalities and they have been asking the province for assitance.

The BC Hotel Association's report, authored by McGill University Professor Dr. David Wachsmuth, released in September 2023 highlights that a significant portion of short-term rental revenue comes from commercial operators who do not live in the properties they rent out. If the province can effectively enforce the new regulations and penalize violators, homes could return to the long-term rental market, alleviating a bit of the pressure related to long-term rental shortages and rising monthly rents in major municipalities. 

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Kade


To learn more about new short-term rental rules in B.C., visit: https://gov.bc.ca/ShortTermRentals

Full "The housing impacts of short-term rentals in British Columbia’s regions" report found here:
https://upgo.lab.mcgill.ca/publication/strs-housing-bc-2023-summer/Wachsmuth_BC_2023_08_10.pdf

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