Westbank First Nation has its own law governing landlord-tenant matters called the Residential Premises Law or RPL. The Provincial Residential Tenancy Act does not apply on WFN lands. Although similar in many respects, the two laws differ in a number of significant ways and it is important that both landlords and tenants understand their rights and responsibilities under the WFN law.
The RPL is administered by the Residential Premises Administrator. One of the primary roles of the Administrator is to educate and advise landlords and tenants regarding the RPL and is available to do so either by phone, email or in person. As well, all of the forms required to be used under the RPL are accessible below.
The Administrator is also responsible for managing the dispute resolution system established by the RPL. If a landlord and tenant cannot settle a matter between them, the RPL provides that either may initiate an arbitration process. These arbitrations are conducted by trained and experienced third-party arbitrators and their decisions are binding upon the parties.
Allowable rent increases for 2012 Residential tenancy rent increase that takes effect in 2012: 4.3% Manufactured home park tenancy that takes effect in 2012: 4.8%
RPL Regulation A Standard Terms of Tenancy
RPL Regulation B Condition Inspections
RPL Regulation C Local Park Committee
RPL Regulation D Rent Increase
RPL Regulation E Abandonment of Personal Property
RPL Regulation F Assignment and Sublet
RPL Regulation G Forms
Arbitration Rules of Procedure
Manufactured Home Park Redevelopment Policy
For FAQs, click here.
Nita Longmore-Palin Residential Premises Administrator T 250 769 4999 ext. 195 email: npalin@wfn.ca
Form 1 - Residential Tenancy Agreement [pdf]
Form 2 - Condition Inspection Report [pdf]
Form 3 - Notice to End a Residential Tenancy [pdf]
Form 4 - Mutual Agreement to End a Tenancy [pdf]
Form 5 - Notice of Final Opportunity to Schedule a Condition Inspection [pdf]
Form 6a - Notice of Claim for Security Deposit Claim - Landlord [pdf] Form 6b - Application for an Order of Return of a Security Deposit [pdf]
Form 7a - Notice of Rent Increase - Residential [pdf] Form 7b - Notice of Rent Increase - Manufactured Home Pad [pdf]
Form 8 - Application for Arbitration [pdf]
Form 9 - Application for Review of Arbitrators Decision/Order [pdf]
Form 10 - Application for Mediation [pdf]
Form 11a - Similar Disputes - Arbritration Application [pdf] Form 11b - Similar Disputes - Mediation [pdf]
Form 12 - Request for Consent to Sublet [pdf]
Form 13 - Request for Consent to Assign [pdf]
Form 14 - Affidavit of Abandonment [pdf]
Q. What can I do if I can’t resolve a dispute with my landlord? A. If you have tried to resolve the issue with your landlord and have failed, you should contact the Residential Premises Administrator. An application for arbitration may be necessary. Q. Is it income discrimination if a landlord refuses to rent to someone because that person is on income assistance? A. Yes, income assistance is a legal source of income; a landlord cannot refuse tenancy to people for this reason alone. Q. What happens if a tenant moves without paying the rent? A. The landlord may seek a monetary order against the tenant for the amount owing for unpaid rent and other costs such as cleaning etc. Q. Can a landlord seize personal property when the tenant does not pay rent? A. No. A landlord cannot seize personal property when the rent is not paid. Q. How long do I have to move when given a notice to end tenancy? A. When given a Notice to End Tenancy, it must be given in accordance with this law.. In most cases (other than cases involving unpaid rent) the time will be at least one month. See section 34 of the law. Q. When does the landlord have to give back a security deposit after the tenancy has ended? A. The landlord has 15 days to give the tenant the entire security deposit plus interest (or part thereof if agreed to by the tenant). If the tenant does not agree the landlord must apply for arbitration. If the landlord does not return the security deposit, the tenant may apply for an order to return the security deposit. Q. Does the Residential Premises Administrator make decisions in arbitration? A. No. The Administrator is a neutral party to arbitration; his/her duty is to facilitate the process so disputes may be heard in arbitration. An independent arbitrator contracted by the Westbank First Nation makes the decisions. Q. What if I’m not satisfied with a decision in arbitration? A. You may apply for a review of the arbitrator’s decision; however you must have grounds for a review. Application must be made within the time limit prescribed by Sections 60 1a, b, and c of the law. Q. Can a security deposit amount exceed one half of the monthly rent? A. No the security deposit must not exceed one half of the monthly rent. Q. How often can my landlord increase my rent? A. The landlord has to give Notice of a Rent Increase in a form approved by the Administrator. The notice must be at least three months for residential tenants and six months for manufactured home parks. The increase must not come into effect until one year from the time the tenancy began. For more information, or if you have other questions, please contact:
Nita Longmore-Palin
Residential Premises/Dispute Adjudication Administrator
201-515 Highway 97 South
Kelowna, BC V1Z 3J2
T 250 769 4999
F 250 769 4377
npalin@wfn.ca
Tues-Fri 8:30am-4:00pm