What is the implied term of a rental agreement that both parties have reasonable access to the common areas including the kitchen and living room?

British Columbia, Canada


The following excerpt is from Catia v. Scotchman, 2021 BCCRT 677 (CanLII):

15. I find it was an implied term of the rental agreement that both parties would have reasonable access to the common areas, including the kitchen and living room that the parties refer to in their submissions. I also find it was implied term that the parties would treat each other with respect and not endanger the other. The CRT implied a similar term in Kun v. Spears, 2019 BCCRT 1195, which is not binding on me but which I find persuasive.

Other Questions


What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
In what circumstances will a plaintiff common law wife who lived together for nine years, and lived beyond her means, receive retroactive spousal maintenance and interest in the pension of her common law husband? (British Columbia, Canada)
Is non est factum a defence for a party to an agreement that is fundamentally different to the agreement that party believed it was? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected? (British Columbia, Canada)
What is the onus on a party seeking to set aside an agreement that was entered into the agreement? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.