I'm writing to bring attention to a pressing issue plaguing mobile homeowners in British Columbia – a situation that warrants urgent investigation and discussion.
The British Columbia Manufactured Home Park Tenancy Act (MFHTA) was established with the noble intention of safeguarding the rights of manufactured homeowners and buyers, as well as ensuring fair dealings between them and park landlords. Similar to the Residential Tenancy Act (RTA), it sets out clear guidelines for engagement. One crucial stipulation is that pad leases must be assignable. However, many park managers and owners are violating this provision by requiring new lease negotiations upon the sale of a mobile home – a direct contradiction to MFHTA regulations.
Even when leases do not explicitly state non-assignability, landlords often refuse to sign assignments unless compelled through arbitration, which unfairly burdens buyers and sellers. However, even when forced to assign the lease, landlords frequently retaliate by refusing to sign crucial financial documents necessary for financing. This effectively sabotages the buyer's ability to secure funding, rendering the arbitration victory hollow.
In my case, while my own pad rental was $418 per month, the rental for the buyer, without assignment, will surge to $620.27. Despite being forced to assign the original lease rate through arbitration, the landlord is withholding signatures on the financial documents needed to finalize the sale. It's important to note that there is no negative impact on the landlord in signing these documents. The signing of the documents protects the lender and is a common form required by all financial institutions.
This disregard for established regulations is unacceptable. The mobile home industry in British Columbia is at a crossroads. Without immediate intervention and enforcement of existing regulations, the dream of affordable home ownership for many will remain out of reach. It's crucial to shed light on this issue and initiate a much-needed conversation for the sake of countless mobile homeowners facing these injustices
Donald Fraser
