Section 2 Tenancy Agreements
Sub-Section 2.12 Tenancy Agreement - Failure to Deliver a Copy
Legislation

s. 8, 12, The Residential Tenancies Act


Definitions

Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.


Policy

If a tenancy agreement is in writing, both the tenant and landlord must sign it. The landlord must give the tenant a copy of the fully signed tenancy agreement within 21 days after the tenant has signed it and given it to the landlord. The landlord may ask the tenant to sign a receipt or note that they received a copy of the tenancy agreement.

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If a tenant doesn’t get a copy of the tenancy agreement within the 21 day period, the tenant should ask the landlord, in writing, for a copy. If the landlord doesn’t provide it on request, the tenant may ask the Branch for help.



Procedure

Overview

This policy is included as information for landlords, tenants and officers. If tenants and landlords aren’t able to solve problems that arise if a copy of the tenancy agreement is not delivered, they can ask the Branch for help.


Steps ▼

1.A tenant may get in touch with the Branch if the landlord has not given them a copy of the tenancy agreement.

2.An officer will contact the landlord to confirm the information, and to see if the matter can be settled informally through mediation.

3.If mediation isn’t successful, the Branch will issue a decision:

  • ordering the landlord to deliver a copy of the tenancy agreement to the tenant by a specific date;
  • defining the terms of the tenancy;
  • imposing reasonable conditions on the landlord and tenant; For example: allowing the tenant to give one month notice to terminate the tenancy; or
  • dealing with a specific problem that came up because the tenant wasn’t given a copy of the tenancy agreement.


Forms & Form Letters


X-Referencing

For information on mediation, see Section 1.


Policy Developed

September, 1992


Last Revision


March, 2004


Other Resources

None


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