Landlord and Tenant

Acts that affect tenancies in “care homes”

(thanks to Mike Bradley for this info)

The Retirement Homes Act (RHA)

The Retirement Homes Act was passed in 2010 and is being gradually phased in, with the final phase to come into effect in 2014. Generally, it provides for:

• Requirement of retirement homes to possess a licence to operate
• Residents’ rights
• Setting care standards and staff training requirements
• Protections against abuse and neglect
• Inspections and powers of inspectors
• Offences, penalties, appeals and enforcement

The Residential Tenancies Act (RTA)

The Residential Tenancies Act applies to most residential rental units including retirement homes (referred to as care homes). Some of the key aspects for care homes:

•  The home must give every new tenant a Care Home Information Package, which includes:
• A list of the different types of accommodation provided in the home and any alternative packages of care services and meals
• Charges for the different types of accommodation and for any alternative packages of care services and meals
• Minimum staffing level in the home and qualifications of staff
• Details about the emergency response system
• A list and fee schedule for any additional services and meals available from the landlord on a user pay basis
• A description of any internal procedures for dealing with complaints
• The home must give the tenant at least 90 days’ notice in writing of any increase in rent and the rent can only be increased once every 12 months
• The home must give the tenant at least 90 days’ notice in writing of any increase in fees for care services (no restrictions on these fee increases)
• The tenant must give the home at least 30 days’ notice to end their tenancy