The Five Biggest Mistakes Landlords Make Before Serving a Notice to End Tenancy for Landlord’s Use

Serving a Notice to End Tenancy for Landlord’s Use is often treated as a simple administrative step: download the form, fill in the blanks, give notice, and wait for the tenant to move out.

That assumption is where problems begin.

In reality, ending a tenancy for landlord’s use under section 49 of the Residential Tenancy Act is one of the most scrutinized forms of “no‑fault” eviction in British Columbia. The process has changed significantly over the past several years, penalties for getting it wrong are severe, and tenants have multiple opportunities to challenge a landlord’s intentions.

Below are the five biggest mistakes landlords make before serving this notice — and why careful planning matters.

1. Assuming It’s “Just a Form”

A few years ago, landlords could download a two‑month notice from the Residential Tenancy Branch (RTB), check a box indicating whether the landlord, a parent, or a child intended to move in, and serve it.

That system no longer exists.

The notice period was increased (first to four months, now three months), and landlords must generate the notice directly through the RTB’s online system. During that process, landlords are required to:

• Identify exactly who will be moving in;

• Provide that person’s name and date of birth;

• Confirm the address of the rental unit; and

• Generate an official document ID tied to the notice.

The RTB retains this information. While it is not publicly published, it becomes part of the evidentiary record.

This is not a casual process. The online generation requirement was introduced to increase accountability and reduce bad faith evictions. Treating the notice as a routine formality is a serious mistake.

2. Underestimating the “Good Faith” Requirement

Many landlords believe that stating an intention to move in is enough. It is not.

If a tenant disputes the notice, the matter proceeds to a hearing before the RTB. At that hearing, the burden shifts squarely onto the landlord to prove that they — or their eligible close family member — genuinely intend to occupy the property.

Policy Guideline 2A and 2B, along with section 49 of the Act, require more than a bare assertion. The landlord must establish a good faith intention to occupy the unit for residential purposes, and that intention must be free of ulterior motive.

Good faith does not simply mean “I plan to move in.” It also means there is no secondary objective — such as increasing rent, avoiding repair obligations, or re‑renting the property at a higher market rate.

If there is evidence suggesting an alternative motive, the notice may be set aside. A written statement alone is rarely enough. Tangible, persuasive evidence is required. Failing to appreciate that evidentiary burden is one of the most common errors landlords make.

3. Forgetting That Tenants Can Dispute — Even Without a Strong Case

Tenants have the right to dispute a Notice to End Tenancy for Landlord’s Use.

They do not need airtight evidence to file that dispute. Sometimes tenants simply want to ensure the landlord follows through. In other cases, past tension in the tenancy — repair disputes, previous eviction attempts, or disagreements about rent increases — may trigger skepticism.

When a dispute is filed, the landlord must be prepared for a hearing. That means assembling documentation, anticipating credibility challenges, and addressing any facts that could be interpreted as inconsistent with a genuine intention to move in.

Landlords who issue the notice assuming it will go unchallenged often find themselves unprepared when the hearing notice arrives. Issuing the notice should be done with the expectation that it may be tested.

4. Thinking the Risk Ends Once the Tenant Moves Out

Even if:

• The tenant does not dispute the notice; or

• The tenant disputes it and the RTB upholds the notice;

—the landlord’s obligations do not end when the tenant vacates.

First, the landlord must have already provided one month’s rent as compensation under section 51(1).

Second, the landlord (or the named family member) must:

• Move into the unit within a reasonable period of time; and

• Occupy it for residential purposes for at least 12 months.

Tenants can file a subsequent application alleging that the landlord failed to follow through. When that happens, the burden once again falls on the landlord to prove compliance.

If the RTB finds that the landlord did not move in within a reasonable time, or did not remain for the required 12‑month period, the financial consequences are severe. Penalties for bad faith evictions were increased in recent years from two months’ rent to twelve months’ rent.

In other words, the exposure is significant and continues well beyond the vacancy date.

5. Having Conversations Before Having a Plan

Another common mistake happens before the notice is ever generated.

Landlords sometimes begin discussing their intentions informally with tenants, floating the idea of moving in, or hinting at future changes, without having a clear and structured plan.

Those early conversations can later become evidence. Statements taken out of context, casual remarks about renovations, or discussions about rent levels may be interpreted as inconsistent with a pure residential intention.

Once a notice is served, the landlord’s prior communications are fair game at a hearing.

Before raising the issue with a tenant, landlords should ensure they have:

• Confirmed eligibility under section 49;

• Developed a clear timeline for occupancy;

• Considered logistics and practical feasibility;

• Assessed any prior disputes that could complicate a hearing; and

• Evaluated their ability to remain in the unit for at least 12 months.

Acting first and strategizing later can jeopardize the entire process.

Final Thoughts

Ending a tenancy for landlord’s use is legally permissible — but it is not automatic, and it is not risk‑free.

The law has evolved to deter misuse of the process. Notices must be generated online. Specific individuals must be identified. Good faith must be proven if challenged. Occupancy must occur within a reasonable time and continue for at least a year. And financial penalties for non‑compliance are substantial.

For landlords considering this step, the most important question is not “Can I issue the notice?” but “Am I fully prepared to defend it — now and twelve months from now?”

If you are contemplating serving a Notice to End Tenancy for Landlord’s Use, it is prudent to seek legal advice before taking action. A structured plan and proper guidance can significantly reduce risk and help ensure the process withstands scrutiny.

If you have questions about your specific situation, we encourage you to book a legal advice session with our office. Early planning can make the difference between a smooth transition and a costly dispute.