u/LordElgin1

BC - Landlord refuses to activate forced-air heating system, says I can terminate the lease instead. What are my options?

My partner and I rented a detached house near Vancouver. During the viewing there was a central thermostat and floor vents throughout the home. We had no reason to believe the system wasn't functional. I also asked if their was forced air to which they said "yes" but that was only vocal confirmation.

After moving in, we discovered the forced-air system doesn't work at all. The furnace has never been activated by the current owners. Instead, the house is heated by:

• A gas fireplace in the living room. (We would rely on this to also heat the kitchen and dining room).
• Hardwired electric panel heaters in the two bedrooms and bathroom. Each with their own temperature control.

There is no heat source in the kitchen or dining room, and because the forced-air system isn't operational, there is no way to heat or control the temperature of the house as a whole. (So if we go out on vacation, the house will be freezing, for example). The fireplace also says not to have on while we are not in the house.

When I raised this with the landlord, they told me they had never used the forced-air system since purchasing the property and therefore don't intend to activate or repair it. They also said the fireplace and electric heaters are a primary heating system within themselves.

They then sent me a message saying:

• They never budgeted to activate the forced-air system, and will not consider fixing it.
• They may be selling the property so this adds to their unwillingness.
• They didn't realize the forced-air system was important to us.
• If we're unhappy, they're willing to mutually end the lease early instead of activating the forced-air system.
• Upon further investigation, it seems that the furnace has been removed altogether (they don't seem to know whether it has or not).

From my perspective, this isn't simply a preference for one type of heating. We rented the home believing it had a functioning forced-air heating system, and we budgeted accordingly. If we'd known the central heating system was permanently disabled, it would have affected our decision to rent the property and the amount we were willing to pay. (We paid more than the advertised rent due to competition).

My questions are:

• Does the electric heating panels in the bedrooms and bathrooms, plus the gas fireplace constitute as a primary heating system, thus taking away their obligation to install a new system, or reactivate the forced air?
• Does the fact that there is no furnace mean they don't have an obligation to replace it?
• Do we have a leg to stand on if we need to pursue a dispute?

We'd  prefer to stay here. Besides the heating, we absolutely love the property and we've already put a ton of work/money into the yard and maintenance. 

Any advice from people familiar with BC tenancy law would be greatly appreciated.

EDIT: If you have any information about this situation, please contact the BC SPCA Animal Helpline at 1-855-622-7722 to share your concerns or provide any relevant details. A united effort could be the key to saving these dogs from their miserable lives. (You will likely need to leave a message).

I'm looking for advice on what legal or practical options are left at this point.

We live Downtown (4th ave) and one property has a dog that barks almost constantly at literally everything. It's throughout the day and often well into the night, regularly keeping us awake. This has been going on for a long time. Anyone that lives on or near 4th avenue is probably aware of this dog.

There are also several other dogs at the property that seem to be kept inside all the time. We constantly hear them whining and scratching at the door, which makes us concerned that, at the very least, they're being neglected.

- We've called bylaw numerous times. They told us they're very familiar with this property and have issued the owners multiple fines. They don't deal with neglect or abuse, only noise in this case.

- Bylaw asked us to complete a "bark log." It seemed a little absurd given how many complaints they already receive about this address, but we filled it out anyway.

- We've contacted the BC SPCA, but as far as we can tell, nothing has changed. I'm sure they have their hands full, but it was a few weeks ago now that we called and reported.

- We've contacted the RCMP, who told us their hands are tied and there's little they can do.

We also tried speaking with the owners directly in the hope of resolving things respectfully. Unfortunately, they became very aggressive. They also appeared extremely paranoid, and it seemed like there may be underlying mental health issues, so we don't feel comfortable approaching them again.

Another concern is that the barking dog is extremely aggressive and when we walk past the property, it lunges, growls, and barks aggressively. It's damn right scary. We're genuinely worried that if it were ever to break its leash, the fence doesn't look like it would contain it.

At this point we're frustrated because multiple agencies seem aware of the situation, yet nothing changes. The fines don't appear to have any effect, and the dogs continue to bark constantly and appear to be living in poor conditions.

Has anyone dealt with something similar in BC? Is there any legal avenue left to pursue, or are we simply stuck waiting until something more serious happens?

Hello helpful Canadians,

My partner and I have just moved into a place in B.C. (Squamish). It's a two-bed rancher. When we were originally showed the property, we asked about heating and told that there was forced air, a gas fireplace, and the bedrooms had electric heating panels installed. No mentioned of any heating issues.

When we moved in, the forced air wouldn't turn on, and when we asked about it we were told that it doesn't work, but to use the gas fireplace and panels... as well as plug in portable heaters that they will provide. They have refused to fix the forced air heating system, justification being that it was always broken since they bought the place some 5 years ago.

This leaves the kitchen/dining area with no heating source, and we'll have to heat the main living quarters with the gas fireplace, which I'm afraid in the winter will cost me an arm, leg, and a bollock.

RTC mentioned this is a case by case situation, and we'll have to file a dispute for $100 if the landlord refuses to repair the heating system.

Before going that route, we wanted to hear the thoughts and opinions of this community, any advice, and if it is worthwhile to file the dispute.

Many thanks.