Official Notice of Rescission for Supportive Housing Tenancy

Understanding the Notice of Rescission (Cancellation) of Amendment to Tenancy Agreement for Supportive Housing Rental Units

The Notice of Rescission (Cancellation) of Amendment to Tenancy Agreement for Supportive Housing Rental Units is an official form issued by the Residential Tenancy Branch of Canada. It is used by landlords to formally cancel amendments made to a tenancy agreement during a specific period. This document ensures that both landlords and tenants are clear on the status of any changes to the rental agreement, particularly in supportive housing settings.

Purpose and Scope of the Form

This form, identified as RTB-61, is specifically designed for landlords who wish to rescind amendments made under Section 2 of a previous Notice of Amendment to Tenancy Agreement (form #RTB-60). These amendments could involve changes related to health and safety, occupancy, or guest policies within supportive housing rental units.

The rescission process applies between July 30 and October 26, 2026. During this window, landlords can cancel amendments that were previously authorized without tenant approval. It is important to note that the rescission only affects amendments made under Section 2; amendments under Section 3 remain in effect unless explicitly changed or removed through a new Notice of Amendment.

When and How to Use the Form

Conditions for Rescission

• The landlord must give the Notice of Rescission before the amendments take effect.
• The form is only valid if it is received by the tenant before the amendments under Section 2 become effective.
• The amendments can be rescinded only if they have not already come into effect or are not scheduled to do so on or before the date the tenant is deemed to receive the rescission notice.

Method of Service

Landlords are required to serve the Notice of Rescission using an approved method outlined in the Residential Tenancy Act or Regulation. Informal notices, verbal communications, or notices delivered through unapproved means do not meet legal requirements and will not prevent the amendments from coming into effect.

Important Deadlines

The amendments under Section 2 become effective 30 days after the tenant is deemed to have received the Notice of Amendment (form #RTB-60). The date of deemed receipt depends on the method of service; for example, mailed notices are considered received five days after mailing.

Similarly, the landlord must ensure that the Notice of Rescission is received before the amendments’ effective date. If the amendments have already taken effect or are scheduled to do so on or before the deemed receipt date of the rescission, the form cannot be used to cancel the amendments.

Filling Out the Form

Section 1: General Information

Provide the landlord’s full legal name or business name, contact details, and the tenant’s name(s). Accurate contact information ensures proper delivery and legal validity of the notice.

Section 2: Rescinded Amendments

Specify the notice of amendment number that is being rescinded, along with the method of service and the date it was originally given. This section clearly identifies which amendments are canceled.

Section 3: Additional Information

This section highlights the period during which amendments can be rescinded and clarifies the scope of amendments that can be canceled, mainly those related to health and safety, occupancy, and guest policies.

Legal and Administrative Considerations

Landlords must use the official RTB-61 form for rescinding amendments. Alternative notices or informal communication do not satisfy legal requirements, and amendments may still come into effect if proper procedures are not followed.

It is also crucial to understand that rescinding amendments does not automatically cancel other types of amendments made under different sections unless explicitly stated. The process ensures transparency and legal compliance in managing tenancy agreements within supportive housing units.

Conclusion

This form provides a structured and legal way for landlords to revoke amendments made to tenancy agreements during a specific period. Proper use of the RTB-61 form helps maintain clarity and adherence to provincial regulations, protecting the rights of both landlords and tenants in supportive housing contexts.