Archive for March, 2017

B.C. home sales “typical” for February but far short of February 2016

Monday, March 20th, 2017

Mortgage Broker News

Home sales across British Columbia in February were typical for the month, according to real estate experts, but when compared to sales just one year earlier, the numbers appear much more stark.

The British Columbia Real Estate Association says a total of 6,580 residential unit sales were recorded by the Multiple Listing Service in February and the average price of a home was $688,117.

Association chief economist Cameron Muir says in a news release that consumer demand has returned to a more typical level and the latest numbers reflect February averages since 2000.

They contrast with what Muir calls “the extraordinary performance of a year ago,” as the association reports home sales in February were down 31.7 per cent from February 2016 and the average price of a B.C. home decreased 11.7 per cent over the same period.

Association figures also show total sales dollar volume in February was $4.53 billion, a plunge of 39.7 per cent from February 2016.

The decline is blamed on slowing of home sales in Metro Vancouver.

“Last month, 37 per cent of B.C. home sales occurred in the Real Estate Board of Greater Vancouver’s area, compared to 44 per cent in February 2016,” Muir says in the release.

Year-to-date, the association says the amount of money from residential sales fell 38.5 per cent to $7.3 billion, when compared to the same period in 2016, and home sales declined 28.5 per cent to 11,067 units with the average price dropping 14.1 per cent to $660,943.

Copyright © 2017 Key Media

BC extends foreign buyer tax exemptions

Monday, March 20th, 2017

Steve Randall
REP

More foreign buyers of homes in British Columbia will be able to claim exemption from the additional property transfer tax introduced last year.

The government said Friday that the exemption will apply for workers moving to the province under the BC Provincial Nominee Program who buy a home in Metro Vancouver as their principal residence.

“British Columbia has always welcomed the world’s best and brightest, where they find a place that embraces them,” said Premier Christy Clark. “Our growing tech sector depends on the Provincial Nominee Program, and that’s why we’re removing barriers, so they can get to work, create jobs, and help build B.C.”

Those who have bought homes in Metro Vancouver since August 2, 2016 will be able to apply for the exemption retrospectively by completing a form available on the government’s website.

Foreign nationals who move to Canada and become permanent residents or Canadian nationals within one year of buying a principal home in Metro Vancouver and continue to live in it for at least a year, will also be exempt from the 15 per cent tax.

A retrospective refund will be available for these buyers from August 2, 2017 – one year following the introduction of the additional tax.

The government says that 6,000 nominees were nominated in the province in 2016 and the number will be the same for 2017.

Copyright © 2017 Key Media Pty Ltd

CREA 2016 Annual Report

Saturday, March 18th, 2017

CREA
other

The 2016 Annual Report from CREA can be view in its entirety HERE

Juniper at 2632 Library Lane North Vancouver 58 homes in a 5-storey low-rise by Polygon

Saturday, March 18th, 2017

Polygon’s Juniper attracting a range of homebuyers

SIMON BRIAULT
The Vancouver Sun

 

Juniper at Timber Court

Project location: 2632 Library Lane, North Vancouver

Project size: 68 homes, one to three bedrooms, between 638 and 1,147 square feet, priced from $479,900 to $809,900

Developer: Polygon Juniper Homes Ltd.

Architect: Raymond Letkeman Architects Inc.

Interior designer: Polygon Interior Design Limited

Sales centre: 2517 Mountain Highway

Hours: noon — 5 p.m., Sat — Thurs 

Telephone: 604.988.3617

Website: http://www.polyhomes.com/community/juniper

Occupancy: Spring 2019

Prices: range from $479,900 to $809,900 and the sales centre at 2517 Mountain Highway is open every day except Fridays from noon to 5 p.m.

Tucked away in North Vancouver near the mountains, but still within easy reach of downtown, is the buzzing little community of Lynn Valley. The neighbourhood is being transformed as new businesses move into the expanding shopping village and developers mix up the housing options with mountain-style apartment buildings.

Juniper, a low-rise wood-frame development, is the first of four planned residential buildings by Polygon in Lynn Valley to be collectively called Timber Court. There’s been no shortage of interest in it from buyers.

“We’ve seen a lot of people who are either from the North Shore or who love the lifestyle associated with it,” said Goldie Alam, Polygon’s senior vice-president of marketing. “Buyers have included young couples who have been renting or owned apartments in the downtown core and are moving back to North Vancouver to start a family and wanting a bit more space. There have also been downsizers who have sold their single-family homes, but want to stay in the area.”

Alam said that the market for condos has remained strong in 2017, in part because of a lack of supply.

“People are still looking for homes and they’re still buying,” she said. “Every time we open a new development, there’s demand from buyers. It takes a while for things to get approved so people are often waiting for homes to come onto the market.”

This was the case for Shannon, a North Vancouver resident who has bought a two-bedroom, two-bathroom home with her husband at Juniper.

“I’ve had my eye on this place for a while because I love Lynn Valley,” she said. “It’s a great, up-and-coming area and a lot of families are moving here. It’s got a nice community feel to it and I have friends who live here too.”

“My husband and I have checked out other Polygon developments in the area, such as Branches and Canyon Springs, and I know it’s a very good developer,” Shannon added. “One of the things that led me to Juniper was the Polygon name, which has a strong reputation in the industry.”

Juniper’s 68 homes will be a stone’s throw from Lynn Valley village. They’ll be between 638 and 1,147 square feet and have one, two or three bedrooms. The architectural style – presided over by Raymond Letkeman Architects – is contemporary West Coast and is reminiscent of buildings in Whistler, with prominent wooden beams and granite and timber detailing. All homes will have outdoor space and most ground-level homes will come with wired-in alarm systems and offer direct entry from the street through a fenced yard.

“Many of the two-bedroom homes are over 900 square feet and we’ve got a lot of three-bedroom options too,” said Alam. “That’s based on our experience from previous developments in the area – the young families and downsizers who are moving here are looking for larger homes.”

Homes at Juniper will feature in-floor radiant heating systems, nine-foot-high ceilings in living and dining areas, nylon carpeting in bedrooms and horizontal blinds on the windows. Optional extras include storage lockers and additional parking stalls. Mindful of the fact that Lynn Valley village is a short pedal from some of the most sought-after mountain biking terrain in the world, the developers have even thrown in the option of mini garages for Juniper residents to store their most valuable outdoor equipment.

Kitchens include flat-panel cabinetry in stained wood veneer or glossy white, polished quartz countertops with marble backsplashes and, in some homes, large kitchen islands. The stainless-steel appliance packages are by KitchenAid and Fisher & Paykel. There are also recessed pot lights, dual roll-out recycling stations and Grohe faucets with retractable spray functions.

Bathrooms feature porcelain tile flooring, flat-panel cabinetry with chrome pulls and soft-closing hardware, and quartz countertops with Grohe faucets. Ensuites offer oversized showers with frameless glass doors and rain-shower heads with separate shower wands. There are also built-in toiletry niches and shower benches in some homes.

For Shannon, the prospect of owning a home for the first time has her counting down the days until Juniper’s completion in the spring of 2019.

“We’re in a rental apartment near Capilano University right now,” she said. “The most exciting thing from my perspective is really just to have our own home and be able to move when we want to or if we want to. We’ve had to move around a lot.”

“The staff at the sales centre made the whole process very easy and they were able to answer most of our questions,” Shannon added. “If there was anything they didn’t know, they always got back to us later.”

© 2017 Postmedia Network Inc.

Some foreign buyers get break from tax they face on Vancouver real estate

Friday, March 17th, 2017

Some foreign buyers to get a break from 15% surcharge tax on housing

Derrick Penner
The Vancouver Sun

The province unveiled changes to its foreign-buyer tax on real estate on Friday, exempting skilled workers immigrating here under the provincial nominee program and offering rebates to foreign buyers who put down roots as permanent residents.

Premier Christy Clark said in January that she wanted to exempt people with work permits who were living and paying taxes in B.C. Finance Minister Mike de Jong said a range of rebates for new permanent residents were under consideration.

Friday, Clark and de Jong announced their decision, which includes an exemption to immigrants arriving under the provincial nominee program. The exemption takes effect immediately and is retroactive to when the tax was introduced in August.

De Jong also announced a rebate to the 15-per-cent tax for foreign nationals who obtain permanent Canadian residency within a year of buying a home, so long as they have lived in that home for at least a year.

The Finance Ministry expects 500 to 800 nominee-program buyers will apply for the exemption and 20 to 30 new permanent residents, which will cuts the province’s take from the tax by $1 million to $3 million for the first year of the tax.

For 2018-19 and onward, it estimates the measures will apply to between 100 and 200 applicants at a cost of between $10 million and $20 million.

Clark said the changes were designed to make sure the province can recruit skilled workers and entrepreneurs that the economy needs to expand, particularly the tech sector.

“British Columbia has always welcomed the world’s best and brightest, where they find a place that embraces them,” Clark said in the news release.

The NDP opposition, however, characterized the tweaks as a half-measure that fixes some of the mistakes the government made in rushing to implement the tax on Aug. 2, 2016 and doesn’t close loopholes that still allow speculation in real estate.

The tax was introduced to curb the influence of foreign investment on rapidly rising property prices in what was then a red-hot Metro Vancouver real estate market.

On Friday, de Jong said that since the tax has helped cool sales in those markets, the province “is now in a position to provide targeted relief to help ensure our province continues to attract skilled workers and entrepreneurs.”

Crafting the exemption for the provincial nominee program was the right thing to do, said Tom Davidoff, a professor with a specialization in housing at UBC’s Sauder School of Business.

“It’s hard to fake a (nominee-program application),” Davidoff said. “You can’t slide a student in to get a whole family off the tax, it’s really someone who has come here, has reason to be here and the province wants to be part of the workforce.”

However, NDP housing critic David Eby said the opposition warned government that the tax would unfairly hit people living, working and paying taxes in the province and Friday’s measure simply fixes that.

“So they’re halfway to an effective tax regime, but they’re not quite there,” Eby said.

 Eby said government should still close the loophole that allows foreign buyers to buy condos through so-called presales then sell the contract before the purchases close without paying the tax, even if they make a profit flipping the contract.

“It will ultimately be an election issue now, not a legislature issue,” Eby said.

© 2017 Postmedia Network Inc.

5 key takeaways from CREA’s latest release

Friday, March 17th, 2017

Justin da Rosa
REP

Trends agents need to know about in the constantly evolving real estate industry.

Toronto has major impact on overall stats

February sales were up in 70% of all markets, according to the Canadian Real Estate Association, but the national increase was largely driven by increased activity in the Greater Toronto Area and its surrounding area.

“Housing market trends continue to differ by region,” CREA President Cliff Iverson said. “Homes are selling briskly throughout the Greater Toronto Area and nearby communities. Elsewhere, competition among potential buyers is less intense, so listings take longer to sell.”

Further policy on the horizon?

Speaking of Toronto, CREA’s latest stats have forced one big bank to call for region-specific housing policies in a bid to cool the market.

“The trajectory of the Greater Toronto Area’s (GTA) housing market is not written in stone. It’s largely a function of policy,” CIBC said in its latest research note. “Policymakers are needed because the GTA is not a normally functioning market. Legislation-driven land constraints suggest that we are in a classic case of market failure, in which the invisible hand will not find the optimal path.”

Toronto’s average home price jumped 27.8% year-over-year in February to $875,983.

British Columbia’s woes continue

Markets in BC continue to struggle, specifically Vancouver.

Home sales drastically dipped in February, falling 42.1% year-over-year to 2,461 total homes sold.

The average price, meanwhile, fell 9.8% year-over-year to $995,583.

Overall, BC’s home sales fell 31.7% and the average price dropped from $779,419 in February 2016 to $688,011 (-117%).

Inventory down in major markets

“The number of months of inventory in February 2017 stood below one month in the GTA, Hamilton-Burlington, Oakville-Milton, Kitchener-Waterloo, Cambridge, Brantford, Guelph, Barrie & District and the Kawartha Lakes region,” CREA said.

New listings in Vancouver, meanwhile, fell month-over-month by nearly 25% — reaching the lowest level since 2001.

Underdog market has impressive month

Prince Edward Island is often overlooked when talking about real estate, but it quietly had a solid month for home prices.

February saw its average home ump 25% year-over-year to $212,033.

Sales, meanwhile, fell 10.7% to 108 total sales.

Copyright © 2017 Key Media Pty Ltd

Simple alterations can be messy without bylaw enforcement

Thursday, March 16th, 2017

Owners need permission for changes that affect other lots

Tony Gioventu
The Province

Dear Tony:

We live in a 26-unit townhouse complex in the Tri Cities. Unlike conventional side-by-side townhouses, we have one of top of the other. Thirteen enter their units from the lower road to a garage, and 13 through the upper road into a garage.

One owner on the lower level has requested permission for a makeover of their unit that would include the removal of the interior walls, creating a large open-concept area. They claim it would have no impact on any other strata lot.

The neighbours on both sides and above have opposed the request, citing concerns the changes in the structure could significantly impact their units. The owner has threatened court action if we don’t grant her permission, as our bylaws say we cannot unreasonably withhold our approval.

What does the term unreasonable mean?  There is nothing in our bylaws or the act that provides a definition and council is concerned that whatever decision we make, we will be exposed to a possible court action from the neighbours or the owner requesting the alterations.

JR Winston

Dear JR:

The Schedule of Standard Bylaws of the Strata Property Act requires an owner to obtain the written approval of the strata before they alter a strata lot that involves any of the following: the structure of the building, the exterior of the building, chimneys, stairs, balconies or other things attached to the exterior of the building, doors, windows or skylights on the exterior of the building or front on to common property, fences, railings or similar structures that enclose a patio, balcony or yard, common property located within the boundaries of a strata lot and, most important, those parts of a strata lot that the strata must insure under section 149 of the act.

The parts of the strata lot the strata must insure include all the original fixtures installed by the owner developer, such as the original flooring, kitchen and bathroom cabinetry and plumbing fixtures.

What often seems like a simple alteration can easily turn into a nightmare if the strata does not enforce its bylaws and impose reasonable conditions on alterations. (The bylaw says: “As a condition of its approval.”)

Before granting approval, the strata may require independent engineering reports on the proposed alterations, a detailed report of the proposed construction and any alterations, and any other conditions such as environmental abatement in the event any asbestos is discovered. As a condition of granting permission, the strata corporation may also require the owner pay any of the costs associated with the request, including any professional consulting costs or the cost of any legal agreements, building permits, or costs associated with the construction, demolition and disposal.

A good question to test whether the alteration is unreasonable it whether it will have a negative impact on other strata lots or an alteration that may significantly change the use or appearance of common property or a common asset, which may require a special general meeting and a three-quarters vote of the owners for approval.

Part of the spring CHOA seminars addresses alterations and hearings. For more information, go to ww.choa.bc.ca to register or search “alteration agreement” guide 200-001.

© 2017 Postmedia Network Inc.

Kindred 600 East 3rd Street North Vancouver 96 homes in two 5 storey buildings by Fairborne Homes

Thursday, March 16th, 2017

Modern meets mid-century in North Vancouver?s Moodyville neighbourhood

Mary Frances Hill
The Province

Kindred

What: 96-home development that will comprise two five-storey buildings of one- and two-bedroom homes in the Moodyville neighbourhood of North Vancouver, a few blocks east of Lonsdale Quay

Where: 600 Block East 3rd Street, North Vancouver

Residence sizes and prices: 617 — 1,108 square feet; priced from the mid $400,000s

Developer and builder: Fairborne Homes Limited

Sales centre: 133 West 1st Street

Hours: noon — 5 p.m., Sat — Thurs

Telephone: 604 -770-0791

Website: http://kindredmoodyville.ca/

Visitors to the display space at Kindred, Fairborne Homes’ new planned community in North Vancouver, will find a style and point of view that seems comfortably familiar.

Though Alison Mark designs the display suite at Kindred in a contemporary vein, her work with light wood, decor pieces like wingback chairs, brass touches and industrial light fixtures, also shows how the subtle art of blending ages and styles can help any homeowner achieve a sense of timelessness.

One of the most striking features of the suite at Kindred’s display space is Fairborne’s generous use of wood. Light wood with strong grey shades in one bedroom — above the bedside
 table and within the dining room and living room millwork — adds to a strong hint of mid-century modern within the contemporary décor.

Kindred is a new-home project from Fairborne Homes in North Vancouver. Supplied PNG

“Our focus here was to use warm walnut tones throughout layered with lighter colours and textures to create a balance between classic and contemporary elements,” says designer Mark, who worked with Fairborne on the display space.

The mid-century-modern references in the woodwork continue in the wingback armchairs in the living room. It doesn’t scream “retro”, and that’s the point, Mark says.

“Rather than using iconic mid-century pieces, we incorporated the signature look and feel that this style expresses. The herringbone coffee table, brass accessories, industrial light fixtures, as well as a new take on the classic wingback, all make the space current and stylish yet comfortable and familiar. We used sharp contrasts with hits of black and a mix of materials to give the space interest.”

A headboard, chairs and a feature wall in dark grey work together as a canvas against splashes of yellow. Mark says the grey was the starting point for the palette, a shade to launch the ideas in the rest of the suite. The neutrals and greys are “timeless and inviting,” she says, while the whole look of the suite is designed to remind visitors of the beauty right outside their door in North Vancouver.

Kindred is a new-home project from Fairborne Homes in North Vancouver. Supplied PNG

“The colours and tones throughout the space are ones that surround us naturally and are relatable to everyone walking through,” she says.

Though downsizers are looking at
 Kindred with interest, it was important to Mark to appeal to a broader population of homebuyers. Casting aside the impulse to decorate in strictly traditional or transitional styles was a perfect way to greet the diverse demographic.

“We wanted to create a design esthetic that appeals to everyone. Whether it’s empty nesters looking for a new outlook that still feels inviting and livable, or younger buyers who are looking to take that step up to a new, spacious, classic home.”

© 2017 Postmedia Network Inc.

Spies, cybercrimes and a wealthy Canadian

Thursday, March 16th, 2017

22-YEAR-OLD ALLEGEDLY WORKED FOR RUSSIAN HACKERS

? STEWART BELL AND ADRIAN HUMPHREYS
The Vancouver Sun

At 22, Karim Baratov was already living the high life. Despite having been expelled from high school in Ancaster, Ont., he owned luxury cars, a large home and an online business called Elite Space Corporation.

Photos on social media showed him holding a fan-shaped pile of $100 bills, skydiving, eating a $255 steak, hoisting a bottle of Grey Goose vodka and posing in front of a convertible, women in tight skirts in each arm.

But at 8:05 a.m. Tuesday, the Toronto police fugitive squad arrived to arrest Baratov and hand him to the RCMP to face extradition to the United States, where he is wanted for allegedly working for Russian agents.

On Wednesday, U.S. officials said Baratov was one of four alleged co-conspirators indicted following what officials called one of the largest data breaches in history, the hack of Yahoo which exposed 500 million user accounts

Described by the U.S. as a citizen of Canada and Kazakhstan, Baratov had allegedly been working as a hacker for the Russian Federal Security Service, or FSB, which had paid him bounties for the passwords and email accounts of individuals they were targeting.

Two FSB officers have been indicted for economic espionage and a slew of other charges for directing the massive hacking operation. A notorious Russian hacker wanted since 2012 on an Interpol notice, Alexsey Belan, has also been charged.

The operation was allegedly run by Dmitry Dokuchaev and Igor Sushchin, members of an FSB unit called the Center for Information Security, or Center 18. According to the allegations, the FSB officers used Belan to hack Yahoo.

In late 2014 he stole part of Yahoo’s User Database, which contained subscriber information for more than a half-billion accounts. He also obtained access to Yahoo’s Account Management Tool, used to log changes to user accounts.

The FSB officers then had Baratov target specific Gmail accounts they had learned about through the Yahoo hack, the indictment said. The Canadian was allegedly tasked “with obtaining unauthorized access to more than 80 accounts in exchange for commissions.”

Using a technique known as “spear phishing,” Baratov allegedly went after dozens of accounts for the FSB. “Specifically, Baratov sought and gained unauthorized access to Google and other webmail provider accounts as requested by Dokuchaev, sometimes after Dokuchaev’s discussions with Suschin,” the indictment said. He was paid a “bounty” when he was successful, it said.

“I’m 22. Workaholic. Occasional drawer. Gym rat. Cars are everything. Sleep is optional. Don’t follow me, I’m boring,” reads Baratov’s profile on Instagram, where photos of his sketches, one depicting Arnold Schwarzenegger, are posted.

But while on social media Baratov could be seen flexing tattooed muscles and driving expensive sports cars, at Ancaster High School he was not the slick, body-conscious cool guy he later projected, fellow students said.

“He was an introvert, he didn’t really talk much,” said Avian Yuen, who sat next to Baratov in a computer science class in 2011 to 2012 and watched his computer skills first hand. “He was the nerdy kid at the back of the class with glasses.”

He said Baratov would read Russian-language news sites in class and Yuen, who was also studying Russian, would read them over his shoulder. (The Kazakhstan embassy in Ottawa said Baratov had lost his Kazakh citizenship in 2011.)

“He was working on a video game. He made shooting games, like with airplanes. He made it so you controlled a 2D aircraft and shot rectangular bullets — he did that in two days,” Yuen said, saying the simple design was good for a high school class.

Even then, Baratov seemed to have a lot of money. “When I asked him how he made so much money he said he sold movies on Russian websites. After that, he looked like he didn’t want to talk about it any more.”

By his own descriptions on social media, Baratov was a chubby, weak kid. In one Instagram post from two years ago, he reproduced a photo of himself wearing glasses and noting he was 240 pounds then. He titled it “awkward.” But he described a subsequent “transformation,” one that partly involved daily visits to the gym.

On Facebook, Baratov also described a “very personal story” that “not many people know.” He wrote that he had been suspended from high school four years ago for “threatening to kill my ex-friend as a joke.” But he said being out of school gave him time to work on his “online projects 24/7, and really move my business to the next level.”

He paid off his mortgage and bought a BMW 7, the post said. “By the time my suspension was done, I changed my whole life plan!” Asked by the principal if he had learned his lesson, he told her to “f—k off,” it said.

“Everything happens for a reason, and this really changed my life to better! My advise (Sic) to you is give yourself permission to get the most out of your life. Taking shortcuts doesn’t mean shortcutting the end result.”

After high school, Baratov’s flashy social media posts surprised Yuen. His look and apparent concern for appearing cool had changed dramatically. The multiple cars and house photos made his high school friend almost unrecognizable.

“He’s not a bad person,” said another friend, who was more circumspect in talking about Baratov following his arrest. “I can tell you that, just a 22 year old who has a lot of brains,” he said, saying he didn’t want his name published.

Whether Baratov felt things were going awry or by sheer coincidence, the day before he was arrested, his home — a classic suburban new-build, with three bedrooms and three bathrooms — went up for sale for $929,000.

The sale was halted Wednesday, the day the arrest was made public. U.S. authorities are seeking to seize some of Baratov’s assets, including a Pay Pal account in the name Elite Space Corporation, a black Mercedes Benz and an Aston Martin.

At Baratov’s house Wednesday evening, realtor Adrian Zahari paced along the driveway in the dark until two women arrived and were let inside. They turned on the lights inside. Zahari insisted the house was still for sale but would not comment on the recent news.

At Baratov’s parents’ house nearby, a similar large suburban house, a man could be seen sitting in a seat reading from a phone or tablet, studiously ignoring the knocks and rings at his door. A grey cat, like one seen in Baratov’s social media accounts, sat looking quizzically at the door.

Other recent online posts suggested things were not going Baratov’s way. On January 13, he posted, “Be careful who you trust. Make sure everyone in your ‘boat’ is rowing and not drilling holes when you’re not looking; the saddest thing about betrayal is that it never comes from your enemies.”

© 2017 National Post, a division of Postmedia Network Inc.

Renters still left in the cold as Liberals waver on loophole fix

Thursday, March 16th, 2017

B.C. Liberals reluctant to protect renters from lucrative loophole

Matt Robinson
The Vancouver Sun

It is unconscionable that a loophole has been permitted to remain in the Residential Tenancy Act that undermines half the reason for having such an act in the first place – housing security.

But that is just what has happened for the duration of the B.C. Liberal party’s tenure. And the party is still not prepared to change a thing.

For years, unscrupulous landlords have been allowed to use a so-called fixed-term lease loophole to demand higher-than-legal rent increases from their long-term tenants. The only remedy for renters who enter the loophole is to move.

Last fall, under pressure from the B.C. NDP, Housing Minister Rich Coleman said he planned to close the loophole by this spring session.

But earlier this week, he said doing so was “a bit more complicated” than he’d expected.

It gets worse. It turns out B.C. has not yet even drafted policy options, according to Coleman’s office. Instead, after hearing differing opinions on the matter, Coleman has requested a discussion paper and stakeholder consultations.

Action on the matter is unlikely to happen before the May 9 election, Coleman told reporters Wednesday. And that’s if it comes at all.

Here’s how the fixed-term lease loophole tends to work:

A prospective renter finds a suitable home and agrees to sign a one-year lease agreement with their new landlord. Included on the form is a vacate clause, which states: “The tenant must move out on or before the last day of the tenancy.”

However, leading up to that day, the landlord offers their tenants the option to sign an entirely new one-year lease for the exact same unit. Under existing legislation, the rent requested by the landlord for that new lease need not be limited to the maximum annual increase allowed under B.C.’s tenancy act (3.7 per cent in 2017). If the tenants don’t want to pay the new rate, they leave as initially agreed.

Paper-thin vacancy rates – particularly in Metro Vancouver – has forced many renters to agree to such leases. And you know things are really bad when a guy like Andrew Sakamoto, the head of the Tenant Resource and Advisory Centre, counts himself among them. He should – and does – know better than to sign one, but it truly is that hard to find suitable housing in Metro Vancouver right now.

“It’s really disappointing to hear Coleman say that it’s a complicated matter. It’s really a case where the simple and the fair fix is to take out vacate clauses,” Sakamoto said.

As unsavoury as the loophole is, the Residential Tenancy Branch regularly rules in favour of landlords after hearing disputes on the matter. Even from TRAC’s perspective, the tactic runs counter to the spirit of the tenancy act, but is legal under existing legislation.

There were at least 139 calls to TRAC about the loophole over the past 12 months – more than twice the preceding year’s count. One of those callers was represented by TRAC at a dispute resolution earlier this year after their landlord demanded a 10 per cent rent hike. TRAC argued if a tenant remains in a rental unit, it should be illegal to sign a new contract with new terms.

“If no deposit is returned, no move out condition inspection report is completed, and the locks aren’t re-keyed, is one tenancy truly ending and another beginning?” Sakamoto asked.

“We lost the hearing.”

From TRAC’s perspective, vacate clauses need to be eliminated. Doing so would still allow landlords to evict tenants for a range of legitimate reasons, including to simply reclaim the unit for their own use.

Here’s what Coleman told reporters Wednesday about the delay in solving the problem: “it’s not about vacate clauses – it’s about contract law … If somebody enters into a commercial lease to rent an apartment, both parties signed the lease. What’s done is done.”

He said the province was now working up language that would stand up to a constitutional challenge. In a later written statement, Coleman said landlords and tenants remain subject to the existing process for fixed-term tenancy agreements and there was now no timeline “for potential changes” to the legislation.

Given that the B.C. Liberals have plastered voters with every popular pre-election announcement they could conjure up, the loophole may in fact be tougher to close than it appears.

But either way, Coleman and his colleagues are looking sluggish or reluctant to intervene in a situation that has landlords gleaning unrestrained returns from desperate renters.

© 2017 Postmedia Network Inc.