Two B.C. landlords whose costs have skyrocketed – due to their variable-rate mortgage – have been allowed to impose huge rent hikes on their tenants to offset their financial losses.
In a recent ruling, an arbitrator with the province’s Residential Tenancy Branch approved increases totalling 23.5 per cent over two years for each of the landlords’ four rental units.
That’s on top of the 3.5 per cent annual increase previously approved by the B.C. government for 2024.
“The landlords experienced dramatic interest rate increases which have made managing the property unsustainable,” reads the ruling, which was published in May.
How on earth is it possible for an arbitrator to just override legislation like this?
Because they aren’t overriding it - the legislation allows for these rent increases in certain circumstances. Not agreeing with the law or the decision, but the arbitrator isn’t making up some new power.
Thanks, yeah admittedly I hadn’t read the entire article before posting - and quickly realized the answer to my question when I did! I should really know better than to do that :)
Anyway, maybe the question I should have asked is more like, “why the heck did they give arbitrators so much latitude” - which it sounds like we agree on!
If I were to play devil’s advocate, it would be that capped rent increases is to prevent predatory landlords from increasing rent more than their costs, but that if their costs go up more then they have a way to cover that without losing the property / going bankrupt.
That provision is maybe more acceptable when you’re talking about families renting out their basement suite, but I have zero sympathy for investors who took a risk and lost. And even in the case of non-investor landlords, I’m skeptical that it’s appropriate to make the tenant shoulder all the increased costs.
So if/when rates go back down the tenants can apply to have their rent lowered back, right?
They can apply all they want
Why do they hate tenants?
They less hate tenants and more don’t see them as people but more of an income source. It’s the same reason why companies don’t care about burnout so long as someone can be replaced(even though it’s a lose-lose we’re not talking about smart, long-term thinkers here).
I know. The phrase is what I wish journalists asked point blank at any spokesperson answering questions about it.
That’s fucking bullshit.
Just because you made shitty financial decisions doesn’t give you the right to violate rent increase rules… if you can’t afford to keep the property then sell.
Butbutbut MUH PROFITS?!
I don’t really have an opinion on weather this particular decision is justified - tenant boards are known to usually side with tenants. But, to be fair, setting rent controlled increases to amount less then inflation is not really fair - it creates imbalances, where wealthy tenant maybe paying way less than market rates (like surgeons renting in San Francisco)
“Risk of doing business” until it happens to you, then the State better save you, right?
The ole’ motto of “Privatize gains, socialize losses”
Not even the state, it’s the poors that are paying all the costs while receiving none if the benefits.
But it was the province’s decision that allowed it
So the province decided that the tenant should cover the risk for the landlord. Absolute insanity. I hope the tenants are able to appeal this decision.
At the current time this should only be viewed as a one off from a single arbitrator.
The Housing Ministry issued this statement, attributed to Kahlon:
“The policy that allows these kinds of exceptional rental increases because of financing is an old policy from the old government and this is the first time an application like this has been granted since we started collecting data in 2021.
“I know people have a lot of questions and I’ve directed staff to review this policy and how it impacts renters in the current context.”
Man, I can’t wait until government schmuck decides that the stock I bought that dropped 80% over the course of the pandemic is ‘unfair’ and I should be compensated. Absolutely utter bullshit.
If their gamble on real estate didn’t work out, take the hit, sell at a loss, and learn your lesson.
No fucking wonder people can’t buy a starter home anymore.
Then fucking sell the property and cut your losses. Why is it that landlords are sacrosanct people that make money regardless of the bad “investment” they made?
The GDP is so tied to the real estate that we see inane shit like that.
Won’t that likely still cost the tenants their home? Any guarantee new owner will keep the old price if the interest rates are higher? Or who would want to buy it if it’s a loss?
Good rent control has rules about jacking up the rent in a property you acquired so selling it shouldn’t affect the tenants. Like the other people have said it would simply be that the landlord would have to sell for a price that makes sense.
Rich people can all find their way off bridges for all I care. This shit is vile, has no place in a functioning society, and is completely voluntary.
Tenants are already getting fucked over. People already on financial strain hit by a 25% rent increase over 2 years like it happened here will lose their apartment and the landlord gets to keep his property that “pays for itself” (see: someone else is paying their property). And that sets a precedent for other landlords.
At one point in time, the trade off for renting was a lower monthly payment than a mortgage and a maintained apartment by the landlord.
Nowadays, tenants pay for the entirety of the mortgage, and landlords complaint when they aren’t cashflow positive month to month and don’t maintain their property because they have the big end of the stick on a human right.
And the response from the government? “We’ll look into it”. Fuck that noise.
No, the new buyer has to honour the lease amount, and then subject to normal 2-4% per year adjustment.
They’re allowed to give the tenants one month notice if they or their immediate family are moving in but yeah outside of that they just inherit the lease as is.
If they do that and then rent it out within 6(?) months they have to pay the tenants 12 months of rent… IF the tenants can prove it and then take the landlord to court. So not ideal eitherway.
Or who would want to buy it if it’s a loss?
If it doesn’t sell, fine. Then maybe people will stop buying up housing to have rental income. And while I understand why people do it, I in no way agree with it … because it’s only wealthier people who can afford to do it. The average person is priced out.
So let those who bought at low-now high interest rates lose their shirts, as it seems that’s the only way prices will come down … because every level of gov’t hasn’t done sweet fuck all to stop (or even hinder) the practice.
It’ll sell at some price point. Property isn’t a guaranteed growth investment and we should stop treating it like one.
Also, only a fucking idiot gets a variable rate mortgage.
Or variable rate interest should be illegal? That’s kinda where I was going. People keep yelling about landlords when everything in general follows the path of least resistance. Cut the problem off as near to the source as possible.
Variable rate let’s me take on the rate risk and pay (on average) less interest. Fixed interest means the bank prices in the rate risk and you pay for that in a higher rate.
That’s not unreasonable sounding… I’m not certain if there are any second order effects but it feels like a good consumer protection change.
It seems if you’re wealthy enough your wealth gets to enjoy a nice racheting effect.
Holy shit. When are things going to snap and people start hanging or humiliating landlords like they did in China??
Things are so bad right now.
Yes please.
I wonder what impact these kinds of government protections have on artificially inflating the property prices in BC
Mortgage rates shouldn’t be considered and no one should be bailing out real estate speculators. A competent investor knows there is a market rate for rent, and would consider the variable risk of debt financing and would never have considered the ‘investment’. Owners of units that aren’t highly leveraged have minimal exposure to these rate increases. These people are simply greedy speculators that not only took stupid gambles, they are partially responsible for the current real estate crisis in the first place. High leverage, low interest rates drove high demand and market scarcity.
This ruling needs to be disputed as the adjudicator’s decision appears incompetent, prejudiced, or both.
“I find the world and economic events in reaction to the pandemic were not reasonably foreseeable and have impacted the landlords, despite them taking reasonable precautions by accessing a mortgage through a recognized and well-known lender,” the ruling reads.
Really? It wasn’t reasonable to foresee this crisis with record low emergency interest rates and highest real estate prices in history? Idiot.
Oh good! Does this mean the government’s also going to protect my stock portfolio and guarantee those investments always succeed, too? Because if so, I should start having a stock portfolio!
Right???
What the fuck?
If you invest in something you gotta assume the risk.
Past growth performance gave me good reason to expect that I would make money, too! But now I’m not! Government, help meeeeee!
Why is it the tenant’s problem when these “businesspeople” made bad business decisions?
Nobody owes you protection from the consequences of your own actions.
U N I O N N O W
Why allow rental rate hikes instead of allowing the tenants to purchase the building dirt cheap?
