Can a BC landlord increase rent above the annual cap?

Direct answer

Generally no. Three narrow exceptions exist, and only one of them is something a landlord can actually go and apply for. One: an Application for Additional Rent Increase, heard by the Residential Tenancy Branch, where a landlord argues the cap will not cover unusual costs. The Branch calls these increases for costs and expenditures, and a major capital improvement is the usual case. Approval is rare and needs substantial documentation. Two: a vacancy reset. When a tenancy ends and a new tenant moves in, the rent can be re-listed at market, because the cap follows the tenancy rather than the unit. Three: tenancies the Residential Tenancy Act does not cover at all, meaning commercial premises, hotels, transient accommodation and some categories of supportive housing. Anything outside those three is simply not permitted, whatever the notice says. An increase that breaches the cap or the notice rules is unenforceable and can be disputed through the Residential Tenancy Branch. See the maximum rent increase allowed in BC for the current figure and the notice a landlord has to give. Bill 14 (2024) separately tightened the personal-use eviction rules, so ending a below-market tenancy to reset the rent is harder than it was.