12 Month Notice to End Tenancy
A landlord can serve tenants with a 12 Month Notice to End Tenancy for Conversion of Manufactured Home Park when they are going to convert all or a significant part of the park to a different purpose. Before serving the notice, the landlord must have all required permits and approvals in place to convert the park to another type of residential use or non-residential use.
Doing it Right
A landlord must serve the 12 Month Notice to End Tenancy so that it’s received:
- At least 12 months before the effective date of the notice, and
- Before the day that rent is due
For example, a notice given on March 15 would not take effect until the last day of March of the following year.
To avoid disputes, both the landlord and tenant should be clear about the effective date of the notice – that is, the date by which the tenant must move the manufactured home from the park.
By law, tenants must always be given the right amount of notice – even if the landlord uses an incorrect date. This correction can be made without having to go through the dispute resolution process. If you’re unsure about the effective date of a notice to end tenancy, please contact the Residential Tenancy Branch.
All Notices to End Tenancy have multiple pages – it’s only valid if the landlord serves all pages to the tenant. There are rules about how and when a landlord can serve notice – be sure to do it correctly:
Good Faith Requirement
A landlord who is ending a tenancy to convert a manufactured home park must end the tenancy in good faith which means the landlord has honest intentions and no ulterior motive to take advantage of a situation. The landlord must honestly intend to use the rental site for the purposes stated on the notice to end the tenancy.
- Policy Guideline – Ending a Tenancy: Landlord's Use of Property (PDF - 6.9 MB)
- Policy Guideline – Ending a Manufactured Home Tenancy Agreement, Landlord Use of Property (PDF 7.2 MB)
When a landlord ends a tenancy to convert a manufactured home park, the landlord must give the tenant compensation in the amount of $20,000 on or before the effective date of the notice.
Additional tenant’s compensation: If a tenant can prove that they were unable:
- to obtain the necessary permits, licenses, approvals or certificates required by law to move the manufactured home, or
- that they were unable to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site, and
- that they do not owe any tax in relation to the home,
they may apply for dispute resolution and request an order of additional compensation in the amount of the assessed value of the home, less the $20,000 compensation.
Additional Compensation: 12 Months’ Rent or $5,000
Landlords should be aware that when they end a manufactured home park tenancy, they must take steps to accomplish the purpose for ending the tenancy within a reasonable period of time. If they don't, they must compensate the tenant $5000 or the equivalent of 12 months’ rent payable under the tenancy agreement, whichever is greater.
If a former tenant applies for compensation, the landlord should be prepared to demonstrate that the park was converted to another use or that there was an honest intent to convert the park at the time the notices were served but it wasn’t possible or reasonable to follow through with the plans. An arbitrator can excuse a landlord from paying this compensation if there are extenuating circumstances.
Move Out Date
A tenant is required to vacate the manufactured home site on or before 1 p.m. on the effective date of the notice. The tenant can vacate earlier than the date stated on the notice if they give the landlord at least 10 days’ written notice and pay the rent up to the move-out date. Where the tenant has already paid a full month’s rent, the landlord must refund the unused portion of the rent as well as pay any compensation required.
Disputing a Notice to End Tenancy
Because legal notice has been served, tenants who disagree with a notice need to apply for dispute resolution – writing a letter or talking to the landlord isn’t enough. Within 15 days of receiving the notice, submit the Tenant’s Application for Dispute Resolution (PDF) to the Residential Tenancy Branch along with a copy of the Notice to End Tenancy.
If a tenant disputes a 12 month notice to end tenancy by the 15-day deadline, the notice is suspended until an arbitrator makes a decision. A tenant must move out within 12 months of receiving the notice if they do not dispute it.
When a landlord has served a notice to end tenancy, and the tenant has disputed the notice, the landlord continues to be entitled to payment of rent or payment for use and occupancy while awaiting resolution of the dispute.
The landlord also continues to be entitled to payment for use and occupancy when a tenant does not move out by the effective date of a notice to end tenancy that the tenant has not disputed. In this case, the landlord may apply for dispute resolution seeking an order of possession and accept payment for use and occupancy while awaiting dispute resolution.
When accepting payment for use and occupancy, the landlord should state in writing that:
Note: The “use and occupancy” arrangement is short-term—it allows use and occupancy only for the period of the payment and does not reinstate the tenancy. If, in a dispute resolution hearing, a party claims that tenancy has been reinstated, an arbitrator will consider all the circumstances including the intent of both parties when exchanging payment.