When Can a Landlord Restrict or Terminate a Service or Facility?
In British Columbia, many tenancy agreements cover not only the rental unit itself, but also services or facilities provided by the landlord, for example shared laundry rooms, intercom systems, parking, or storage. According to RTB policy guidelines, these rules help clarify when a landlord may lawfully restrict or stop providing such a service or facility, and what rights tenants have in response.
Legal Framework
Under the RTA (and the related Manufactured Home Park Tenancy Act where applicable), a landlord must not restrict or terminate a service or facility if either of the following conditions applies:
The service or facility is essential to the tenant’s use of the unit as a home, in other words, without it, the unit may be impractical or impossible to live in.
Providing the service or facility is a material term of the tenancy agreement, meaning that when the tenancy was agreed to, the parties treated this service or facility as so important that its removal would fundamentally alter the agreement.
If neither of these conditions applies, then a landlord may lawfully restrict or terminate the service or facility, but only if specific steps are followed.
How to Tell if It’s Essential or Material
An essential service or facility is one that a reasonable person in the tenant’s situation would find indispensable in order to use their rental unit. For example, an elevator in a multi‑storey building may be considered essential.
A material term means that both landlord and tenant regarded the provision of that service or facility as central at the time of the tenancy. Whether something is material depends on the particular facts of the tenancy agreement: how the service was described, how the rental was priced, and how the parties negotiated or relied on it.
Rent Reduction and Compensation
If a landlord restricts or terminates a non‑essential service or facility (i.e., one that is neither essential nor a material term), the landlord must give 30 days’ written notice (on the approved form) and must reduce the rent by a fair amount corresponding to the loss of value from that unit.
If the landlord fails to follow those steps, or if the tenant suffers loss or damage due to the restriction or termination, an RTB arbitrator may order a rent reduction (retroactive or going forward) and possible additional compensation.
In cases where the tenancy agreement did not clearly allocate responsibility for a service or facility added after the lease began, the landlord is presumed responsible, unless the tenant signed an agreement explicitly taking over that provision.
Tenant’s Burden in a Dispute
When a tenant claims that a service or facility has been wrongfully restricted or removed, the tenant must show:
That the thing in question is a “service or facility” as defined in the RTA and relevant RTB policy.
That the service or facility was in fact restricted or terminated.
That the service or facility was either essential to using the unit as living accommodation or a material term of the tenancy agreement.
That the landlord gave the required written notice (in the approved form) and made or offered a rent reduction, if applicable.
Evidence of any rent reduction, or lack thereof, and any loss or damage suffered from the change.
Arbitrators will examine the facts of the tenancy agreement, the history of the service or facility, how the tenant used it, and any alternatives the tenant could obtain.
Guest Use and Common Areas
It is also worth noting that a separate rule applies to guests’ use of common areas. Landlords may impose reasonable rules or restrictions on guests’ use of common areas that are not themselves defined as “facilities” under the RTA, in those cases the stricter notice/rent‑reduction rules may not apply.
Why This Rule Matters
These guidelines ensure that landlords cannot arbitrarily withdraw or reduce important services or facilities that tenants reasonably expect to be part of their rental living arrangement, without proper justification, notice and compensation. The law balances protecting tenants’ liveability and rights with giving landlords flexibility to adjust non‑essential services, but only with fairness and transparency.
This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act, related regulations and RTB policy guidelines may change over time, and their application depends on the specific facts of your tenancy. For current, tailored advice, consult a qualified legal professional or contact the Residential Tenancy Branch.
