A Richmond landlord lost a dispute with a tenant, after trying to evict them last year.
Sandhill Development had tried to evict its tenant in April of this year after declaring that it wanted to demolish the building.
But the four-month eviction notice issued was declared void by the BC Residential Tenancy Branch (RTB) after the tenant questioned the expiry date of the demolition permit given by the City of Richmond.
This is the second time that the RTB has voided an eviction notice issued to the tenant.
The name of the tenant and the address in question has not been made public by the RTB.
On Nov. 26, 2021, Sandhill, represented by an agent, provided its tenant with city documents along with a notice to move out by March 31, 2022 as the unit will be demolished.
Sandhill received a conditional permit with an expiry date of March 26 for demolition from the city, which was renewed three times, but was not given the final permit until the tenant moved out.
In the December 2021 application to the RTB, the tenant claimed the "landlords can no longer demolish the rental unit" as the effective move-out date of March 31 would have already passed the conditional permit's expiry date.
However, the conditional permit emailed to the tenant did not have a name, signature, phone number or issuing authority at the bottom of the document.
Both the tenant and Sandhill were also involved in a previous dispute hearing for the same reason late last year, which the tenant had won.
“The landlords have been trying to evict the tenant for a long time and both parties have attended two prior hearings, where the tenant was successful in both, even though the landlord appealed the last decision and lost,” reads the RTB decision.
Despite having ample time between the previous dispute hearing on November, 2021 and the hearing on March 31, 2022, the landlord could not provide "an extension of the conditional permit, or sufficient documentary or testimonial evidence" to show that the permit was valid beyond March 26, 2022.
The report further stated the landlord previously tried to sell the unit, but “was unable to do so.”
In its ruling, the RTB stated that the four-month notice is to be cancelled and the tenant can recover the $100 filing fee by deducting it from their next rent payment to the landlord.
Sandhill will not be allowed an order of possession under the Residential Tenancy Act, and the tenant is entitled to stay until the contract ends.
Sandhill Development Ltd. owns the commercial development across from Ironwood Plaza on the east side of No. 5 Road, as well as a number of a number of residential properties across Metro Vancouver.
