Disclosure for Residential Tenancies Form FAQs

You should list all licensed team members in the appropriate form.

On the second page of the form, licensees must indicate the name of their team, if any, as well as the names of all team members. This field was added in recognition of the fact that all team members share the same obligations to a client and should be disclosed. In cases where there isn’t room for all the team member’s names, licensees could choose to use the notes field, or to attach a separate page. Licensees will need to keep up to date with changes to team members, so that when new members join a team or members leave, the information they are disclosing here is accurate.

Acknowledging the receipt of the disclosure by initialing the form is optional. If the consumer chooses not to initial the form, you may use the notes section to document that the form was provided.

If the prospective tenant starts to provide you confidential information, motivation, financial qualifications or real estate needs, you must stop the conversation. Explain that you must provide them the Disclosure of Residential Tenancies form before you can continue the conversation. You can send the form by email or review the form with them in-person.

All of the forms encourage licensees to give the completed form to the consumer, so that they retain the information. Real estate professionals still have an obligation to send a copy of the completed form to their brokerage, and it is up to them how they fulfil this obligation – they may choose for instance to take a picture of the completed form with their mobile phone, or to use the BCFSA app.

When a real estate professional is acting for an owner of rental property, it would be appropriate for the real estate professional to provide the Disclosure of Representation in Trading Services form to their client (the owner), and (unless the tenant has their own real estate licensee acting as their agent) the Disclosure for Residential Tenancies form to the prospective tenant.

Only a trading services licensee may represent a residential tenant. When the real estate professional is acting for the residential tenant, they should provide the Disclosure of Representation in Trading Services form to their tenant client, and (unless the owner has their own real estate licensee acting as their agent) the Disclosure of Representation in Trading Services form and the Disclosure of Risks to Unrepresented Parties form to the owner of the residential rental property.

Licensees who manage rental properties where there is a resident manager or caretaker need to consider the type of relationship that the brokerage has with that resident manager/caretaker in order to determine whether the licensees are required to make agency disclosures to prospective tenants.

1. Caretakers/Resident Managers employed by the Brokerage
   • Caretakers/Resident Managers employed by a brokerage (not independent contractors) are exempt from the requirement to be licensed subject to the provisions of section 2.14 of the Real Estate Services Regulation; however, they are still providing real estate services on behalf of the licensed brokerage. As such, the Caretaker/Resident manager is required to provide the Disclosure for Residential Tenancies form to prospective tenants on behalf of the licensed brokerage, prior to providing any real estate services as identified below.
2. Caretakers/Resident Managers employed by the Owner of the Rental Property
   • Caretakers/Resident Managers employed by an owner of the rental real estate are exempt from the requirement to be licensed subject to the provisions of section 2.1 of the Real Estate Services Regulation. Although they are providing real estate services, they are providing them on behalf of their employer (the owner of the rental property). As such, the Caretaker/Resident manager is not required to provide the Disclosure for Residential Tenancies form to prospective tenants.
3. Caretakers/Resident Managers employed by different owners
   • Caretakers/Resident Managers employed by different owners of rental real estate are exempt from the requirement to be licensed subject to the provisions of section 2.13 of the Real Estate Services Regulation. Although they are providing real estate services, they are providing them on behalf of their employers (the owners of the rental property). As such, the Caretaker/Resident manager is not required to provide the Disclosure for Residential Tenancies form to prospective tenants.