I've moved out of house after house sold but seeking compensation under section 51 the new owner real estate has started

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Customer: I've moved out of house after house sold but seeking compensation under section 51 the new owner real estate has started threatening deformation of my character unless I drop dispute
JA: Where is the property located?
Customer: Prince george
JA: Has any paperwork been filed?
Customer: Yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I can explain once connected
Answered by Debra in 11 hours 3 years ago
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Debra
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Customer
I was given 2 month notice to evict for landlord use free house was sold due to request of purchaser I moved out June 1 how ever they never moved in till 6 months later they posted picture on there social media about renovation none of which had permits confirmed with city house flipping and as of November 29 moved in I file dispute under section 51 for 12 months compensation now real estate agent threatening deformation of my character if I don't drop dispute
Customer
Can real estate agent be held accountable under section 95 subsection 2. Also what's legal advice for dispute just to clarify landlord sold house at end of lease and because of request of purchaser issued 2 month's notice for landlords use of property. Move out June 1
No one moved into house till November 29 which there re estate agent said because house wasn't livable however I have 60 picture that says it was and a text and receipt that whole security deposit returned. Purchaser posted all over social media about house flipping and pictures of renovations all which I have pictures of. They also went on a bunch of trips so undo circumstances doesn't apply and none of Reno's had permits which I can prove however now that dispute filed there real estate agent text me not sure how he got my number calling me all sorts of names and threatening deformation of my character if I don't drop dispute
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear this difficult situation.

Are you saying that your eviction was unlawful because the new owners did not move into the home and use it for their own use but just thought it to renovate and sell Do you are asking whether you can sue the real estate agent instead of just going after the new owners?

Customer
I'm saying the eviction was unlawful because they issued 2 month notice to end tenancy saying they would be moving in and they never moved in for 6 months the tenancy act says they must do what stated on notice within a reasonable amount of time after effective date of notice for a duration not less than 6 months if they planned to renovate they woulda had to issued a 4 month notice not a 2 month
Customer
asking what action can be taken against real estate agent for his actions he started threatening me once the purchaser recieved the hearing package threatening deformation of my character under tenancy act section 95 subsection 2 can he be fined too or can I seek legal action against him if he acts on threats of deformation
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Debra, Expert

But are they moving in or are they selling the home?

Customer
They moved in now 6 months later ass per tenancy act in BC 6 months is not reasonable amount of time
Customer
As
Customer
If they were going to renovate prior to moving in the would of had to issue a 4 month notice that didn't they issued a 2 month notice which means they didn't in good faith intent to do what notice stated with is compensated by 12 months rent
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Debra, Expert

This interpretation of the law is not correct. They did want it for their own use. They bought the house to live in and had no intention of renting it out to anyone else or selling it again. If they put in a tenant or they sold a home you would be correct.

In terms of the real estate agent if he is telling lies about you to others and you would sue him for defamation. First you must send him a demand letter demanding he cease and desist, provide you with written retraction and threatening a lawsuit for damages your reputation has sustained.

Then you can sue him.

Does that help clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
That's not what tenancy branch said they indicated based on 2 month notice 6 months is not a reasonable amount of time
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Debra, Expert

But did you explain that they bought the house and that they are only using it for their own use but were renovating before moving in.

Customer
they said a 4 month notice should of been issued if renovating not a 2 month notice
Customer
Based on changes to tenancy law last year
Customer
a reasonable amount of time to move in is not 6 months it's weeks not months by tenancy standards
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Debra, Expert

I suggest you call them back and clarify. Make it clear that while they said that they wanted the unit for their own use they renovated before they moved in and that the renovation took months.

But honestly if they told you you are correct then why don't you just bring an application to them give them what they've said.

Customer
I did
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Debra, Expert

So then what is your question for me aside from the part about the real estate agent that I've answered?

Customer
Was wondering if on right track but everyone seems to be giving me different answers as if no one truely has read BC residential tenancy act it's section 51 subsection 2
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Debra, Expert

You are not correct. I have read that section and I am telling you that in my view it does not apply to your case.

It applies in the case where a purchaser evicts the tenant saying that they want the home for their own use but then ends up renting it out or selling it.

Customer
Then why implement 2 month and 4 month notices and why implement time lines
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Debra, Expert

Four months notice is if the landlord wants to do a major renovation to the house but not when the landlord is planning to move into the house after the renovation.

Customer
Well I'll reconfirm with tenancy branch. When I talked to them they told me and I quote the purchaser has timelines to do intent of eviction notice those timelines are with in a reasonable amount of time which is not months it's weeks
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Debra, Expert

Call them on Monday and explain exactly what happened and see what they say.

Customer
Customer attachment 12/8/2019 2:51:34 AM
Customer
Purchaser after signing eviction notice for 2 month's cannot decide to renovate. And reasonable amount of time not months 15 days used as reference
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Debra, Expert

I fully understand your point. But I don't think you understand mine. I believe that what you are referring to is when a landlord evicts for major work on the home.

But when the landlord is evicting for their own use it doesn't mean that they cannot renovate their home first before they move in. If the evict for own use and then rent out the place or sell it that is not bona fide. Similarly they cannot say it is for their own use if they renovate and then put a tentant in or sell it.

But they can evict for their own use and renovate the place before they themselves move into it.

Customer
Did you get screenshot I sent
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Debra, Expert

Yes and I have already read it.

I am telling you that in my view it doesn't apply to your case.

Please call the tenancy branch again and see what they say and come back to tell me on Monday.

Customer
Called BC tenancy if purchaser issues 2 month notice and renovates while living in house that is acceptable. However that's not what they did in my case. They issued a 2 month notice and did not move in while Reno's being completed that is not acceptable. If Reno's are to be done while no one lives in house a 4 month notice would of had to of been issued and proof renovations require house to be empty would of been needed example permits.
Customer
They can not issue a 2 month notice and not move in they must move in within exceptable amount of time.
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Debra, Expert

Then see what happens at the hearing.

I sincerely ***** ***** staff who told you this is right. You will know soon enough.

Customer
This is now the 3rd time I've been told same information
Customer
She clearly stated that is why in 2017 2 and 4 month notices were implemented into tenacy agreement and changes to compensation for not satisfying intent of notice
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Debra, Expert

I know what you've been told and I also know you're going to have a hearing so hopefully the adjudicator will agree.

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Debra, Expert

Is there anything more I can help you with at this point in time?

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