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Home / Our Community / Residential Tenancy Information

Residential Tenancy Information

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  • Pine Acres Home
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    • Current Projects
      • Elk Road and Ridge Estate Drive Intersection
      • Falcon Lane Apartments & Fox Road Triplex
      • Falcon Lane Townhome Project
    • Long-Term Planning
      • Active Transportation Plan
      • Comprehensive Community Plan
      • Drainage Master Plan
      • Housing Strategy
      • New Early Years Centre
      • Parks and Trails Master Plan
      • Pine Acres Engagement
      • Transportation Plan
      • Wastewater Master Service Plan
    • Past Projects
      • Community Core Multi-Use Park
      • sənsisyustən Expansion and Renovation
      • Zoning update
  • Property Management
    • Facilities
      • Early Years Centre
      • Elders Hall
      • Facility Rentals
      • Gymnasium and Weight Room
      • Multipurpose Room and Kitchen
      • Outdoor Kitchen
      • Pavilion
      • Pine Stadium Ball Park
      • Trading Post
      • Youth Centre
    • Housing
      • Housing Financial Assistance
      • Housing Projects
      • Member Non-Profit Housing
      • Rental Housing Incentive Program
    • Parks, Beaches and Campgrounds
  • Residential Tenancy Information
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    • sənsisyustən House of Learning
      • Apply to sənsisyustən
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November 2020 UPDATE: On November 30, 2020 WFN Council resolved to extend the rent increase freeze for tenancies on Westbank First Nation lands. Rent increase notices that were previously resolved by WFN Council to become effective on January 1, 2021, will now be effective on July 1, 2021.  Learn more


Contact: Legal Services  |  T 250 769 4999 | Email

Our Residential Premises Law ("RPL") governs landlord-tenant matters. The RPL is distinct from the BC Residential Tenancy Act, which is not applicable on WFN Lands. Although similar, both laws differ in many. It is important that landlords and tenants understand their rights and responsibilities under the RPL.

Allowable rent increase effective August 1, 2020 to July 31, 2021.
Residential tenancy: 1.4%
Manufactured home park: 1.4%

Forms

Forms
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Click on the links below to download PDF copies of forms.

  • Form 1: Residential Tenancy Agreement
  • Form 2: Condition Inspection Report
  • Form 3: Notice to End a Residential Tenancy
  • Form 4: Mutual Agreement to End a Tenancy
  • Form 5: Notice of Final Opportunity to Schedule a Condition Inspection  
  • Form 6b: Application for an Order of Return of Security Deposit
  • Form 7a: Notice of Rent Increase - Residential
  • Form 7b: Notice of Rent Increase - Manufactured Home Pad
  • Form 8: Application for Arbitration
  • Form 9: Application for Review of Arbitrator's Decision/Order
  • Form 10: Application for Mediation
  • Form 11a: Similar Disputes - Arbitration Application
  • Form 11b: Similar Disputes - Mediation
  • Form 12: Request for Consent to Sublet
  • Form 13: Request for Consent to Assign
  • Form 14: Affidavit of Abandonment

Arbitration

Tenancy disputes may be resolved through arbitration, a process facilitated by WFN Legal Services. The purpose of an arbitration hearing is to enable the arbitrator to hear the tenant and the landlord explain their versions of a dispute, receive the evidence presented by each party and make an impartial and binding decision to resolve the dispute.

To request access to past arbitration decisions please email the Residential Premises Administrator. 

Rules of Procedure
x

The Rules of Procedure ensures a consistent, efficient and just process for resolving disputes.

Rules of Procedure

Process
x

Arbitration process

Step-by-step Timeline

Step 1:
Arbitration application received with filing fee.

N/A

Step 2:
Date of hearing provided by Administrator to the Applicant through a Notice of Hearing.

3 business days (on average).

Dependent on Arbitrator availability.

Step 3:
Applicant serves Respondent with Notice of Hearing and Evidence.  Respondent provides their evidence to the WFN Residential Premises Administrator and Applicant.

The Parties are generally provided two to three weeks to collect and provide their evidence.

Step 4:
Arbitration Hearing takes place with independent Arbitrator at the WFN Government Office.

This occurs on a mutually agreeable date. Generally, Arbitration takes no longer than two hours; however, this depends on the dispute.

Step 5:
WFN Residential Premises Administrator provides decision/order to the Parties.

Within 30 days. The Arbitrator must provide the Residential Premises Administrator with his/her decision and order no later than 30 business days from the time the Arbitration Hearing occurs.

Step 6:
Applicant and Respondent may apply, if applicable, for a review of the Arbitrator's decision/order.

Dependent on the reasoning behind the application for review. A party generally must make an application no later than 15 days following receipt of the Arbitrator's order.

Fees
x

Fees

Certified copy of Arbitrator's decision - RPL Section 57 $10.00 
Arbitration of a dispute - RPL Section 59.2 $100.00
Arbitration of similar disputes - RPL Section 61.1 $200.00 
Application for leave to review arbitrator's decision - RPL Section 66.1 $150.00 
Mediation of a dispute - RPL Section 72.1 $150.00
Administration fee for returned cheque ("NSF")  $25.00

Rent Increase

Allowable rent increase rates are established by the Residential Premises Law ("RPL") (see Regulation D of the RPL). Regulation D establishes a formula which is tied to the All-Item Consumer Price Index provided annually by the Province. These rates are applicable until the next annual release of this publication and may take effect over a mixed year period (e.g. 2017/2018).

Legislation

The Westbank First Nation Residential Premises Law governs landlord-tenant matters on WFN Lands. The RPL is distinct from the Provincial Residential Tenancy Act, which has no application on WFN Lands.

RPL, Regulations, Procedures, and Policy
x

Residential Premises Law, Regulations, Procedures, Policy

  • Residential Premises Law (RPL)
  • Regulation A: Standard Terms of Tenancy
  • Regulation B: Condition Inspections
  • Regulation C: Establishing Local Park Committee
  • Regulation D: Rent Increase
  • Regulation E: Abandonment of Personal Property
  • Regulation F: Assignment and Sublet
  • Regulation G: Forms
  • Regulation H: Fees
  • Rules of Procedure 
  • Policy: Manufactured Home Park Redevelopment

Role of Residential Premises Administrator

Role of Administrator

The RPL is administered by the Residential Premises Administrator. A primary role 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.

The Administrator also manages the dispute resolution system established by the RPL. If a landlord and tenant cannot settle a matter between them, the RPL provides that either party may initiate an arbitration process. Arbitration is conducted by trained and experienced third-party arbitrators, and their decisions are binding upon the parties.

Frequently Asked Questions

Read on to find answers to some frequently asked questions regarding residential premises on Westbank First Nation lands.

Frequently asked questions
x

What can I do if I can’t resolve a dispute with my landlord?

If you have attempted to resolve a dispute with your landlord/tenant and have not been able to reach a mutually agreeable settlement, you should contact the Residential Premises Administrator. An application for mediation/arbitration may be necessary. 

Does the Residential Premises Administrator/Westbank First Nation have authority in the resolution of tenancy disputes? 

No, the Administrator and Westbank First Nation are a neutral party in all tenancy matters. The Administrator’s duty is to facilitate the process of arbitration/mediation so disputes may be hearing in a formal hearing.  

Who are the Arbitrators and do they work for Westbank First Nation?  

Arbitrators are third party, independent contractors hired by WFN to administer the WFN Residential Premises Law. Generally the Arbitrator is a practicing lawyer within the Kelowna/West Kelowna/Westbank area who has knowledge of WFN Law. The Arbitrator shares no affiliation with, nor acts for, Westbank First Nation.  

Can a landlord seize the personal property of the tenant when they do not pay rent or if they abandon the residence?  

No, a landlord cannot seize a tenant’s personal property when the tenant owes rent. If a residence is deemed abandoned by a landlord, as is indicated under the Residential Premises Law, Regulation E, the landlord must maintain/store the belongings in accordance with the Law.  

How often can a landlord increase a tenant’s rent?  

A Landlord must provide a Notice of a Rent Increase in a form approved by the Residential Premises Administrator. The Notice must be provided at least three months prior to the increase taking effect for residential tenants and six months for manufactured/mobile home park residents. A rental increase may be administered by a landlord annually (once every twelve (12) months) in an amount that is in accordance with the allowable rental rate increase provided by the Residential Premises Administrator. If a tenant wishes to dispute a rental increase they believe exceeds this amount they may apply for an Arbitrator’s Order.  

What are the available options for tenants when they receive a Notice to End Tenancy from their landlord?  

Depending on the reasoning provided for a Notice provided to the tenant and the circumstances under which the Notice is provided, a tenant may wish to dispute a Notice through the mediation/arbitration process. If a tenant chooses to dispute a Notice they must do so within the time identified in the WFN Residential Premises Law. By not disputing a Notice a tenant is understood to have accepted the Notice.  

How does a tenant provide their landlord with notice that they would like to end tenancy?

A tenant may end their tenancy with a landlord through a Notice to End Tenancy provided with at least one month’s notice. This notice must be provided in a manner found to be in accordance with Section 84 of the Residential Premises Law 2008-03. 

When does a landlord have to return a tenant’s security deposit after the tenancy has ended?

A landlord has fifteen (15) days to return the security deposit to the tenant (or part thereof if there is a mutual agreement otherwise). If the landlord does not return the tenant’s security deposit after fifteen (15) days, the tenant may apply for an Arbitrator’s Order to have the security deposit returned. 

Does the BC Tenancy Act apply to landlords or tenants on Westbank Lands?

No. The WFN Residential Premises Law oversees all tenancy related matters on Westbank Lands. The Residential Premises Law does maintain a similar framework as the BC Tenancy Act, though it does vary in some sections of Law. BC Tenancy Branch documentation is generally determined to be void and of no affect unless otherwise determined by an Arbitrator. 


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