Difference between revisions of "Residential Tenancy Forms (19:XVIII)"

Revision as of 21:23, 23 November 2019

Check the RTB web site: http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/forms for current forms and fees. Ensure clients are using the most recent forms. Be aware that some applications require fees (e.g. a standard Application for dispute resolution costs $100). Waivers are available for low-income applicants.

The dispute resolution policy guidelines are also available online, as are decisions by Arbitrators. These are useful for preparing for a hearing, but they are NOT binding on Arbitrators.

A. Entering Into a Tenancy

Residential Tenancy Agreement - RTB 1
The RTB is of the opinion that this Residential Tenancy Agreement accurately reflects the RTA and accompanying regulations. The RTB makes no representations or warranties regarding the use of this Agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.
Manufactured Home Site Tenancy Agreement - RTB 5
The Residential Tenancy Branch is of the opinion that this Manufactured Home Site Tenancy Agreement accurately reflects the MHPTA and accompanying regulations. The RTB makes no representations or warranties regarding the use of this agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.
Condition Inspection Report - RTB 27
Landlords and tenants or their representatives can use this form to record the condition of a rental unit at the time of move-in and at the time of move-out by the tenant.
Schedule of Parties - RTB 26
Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

B. Rent Increases

Notice of Rent Increase - Residential Rental Units - RTB 7
Landlords must use this notice to notify tenants of rent increases.
Notice of Rent Increase - Manufactured Home Site - RTB 11
Park owners must use this notice to notify tenants of site rent increases. This notice is not used where a tenant rents a manufactured home, as well as the site, under a single tenancy agreement.
Application for Additional Rent Increase - RTB 16
A landlord must use this form to apply for an Arbitrator’s approval for a rent increase in an amount greater than the amount specified in the RTA, the MHPTA and associated regulations.
Schedule of Parties - RTB 26
Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

C. Dispute Resolution

Tenant’s Application for Dispute Resolution - RTB 12
Tenants must complete and file this form to request a hearing before an Arbitrator to resolve a residential tenancy dispute. To submit the Application form over the web, fill out the Online Application for Dispute Resolution form.
Landlord’s Application for Dispute Resolution - RTB 12
Landlords must complete and file this form to request a hearing before an Arbitrator to resolve a residential tenancy dispute. To submit the Application form over the web, fill out the Online Application for Dispute Resolution form.
Application to Waive Filing Fee - RTB 17
A person bringing a dispute to dispute resolution may use this form to request that the Residential Tenancy Branch waive the fee for filing an Application for dispute resolution.
Application for Substituted Service - RTB 13
Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.
Tenant’s Request to Join Applications for Dispute Resolution - RTB 19
Tenants may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it makes sense that the matters be joined.
Landlord’s Request to Join Applications for Dispute Resolution - RTB 18
Landlords may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it is sensible that the matters be joined.
Schedule of Parties - RTB 26
Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

D. Dispute Resolution Decisions and Orders

Application to Review Arbitrator’s Decision or Order - RTB 2
Landlords and tenants may use this form to apply to the Director or the Residential Tenancy Branch for review of an Arbitrator’s order or decision.
Request for Correction - RTB 6
Tenants and landlords may use this form to request that the Residential Tenancy Branch correct any obvious error or inadvertent omission.
Request for Clarification – RTB 38
Tenants and landlords may use this form to request the Residential Tenancy Branch clarify a decision.
Request/Approval for Release of Originals - RTB 9
Use this form to request the return of original evidence used in a residential tenancy dispute resolution hearing. Please note that original copies must be given to the Residential Tenancy Branch and the other party of the dispute. The applicant or respondent should always keep original copies of each document submitted in a dispute resolution proceeding.
Application for Substituted Service - RTB 13
Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.
Schedule of Parties - RTB 26
Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

E. End of Tenancy

Notice to End Tenancy - Residential Unit - RTB 3
A landlord must use this notice to end a tenancy agreement, unless the tenancy is a fixed-term agreement that contains a predetermined expiry date and the tenant has agreed to vacate, or the landlord and tenant have agreed in writing to end the tenancy.
12 Month Notice to End Tenancy for Conversion of Manufactured Home Park - RTB 31
Landlords must use this form to end a Manufactured Home Site Tenancy.
Mutual Agreement to End a Tenancy - RTB 8
Tenants and landlords may use this form to voluntarily end residential tenancies.
Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22
A landlord must use this form where a tenant was not available at the date(s) and time(s) first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.
Schedule of Parties - RTB 26
Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

F. Condition Inspection

Condition Inspection Report - RTB 27
Landlords and tenants or their representatives can use this form to record the condition of a rental unit at the time of move-in and move-out by the tenant. Both parties must participate in these inspections, in order to reclaim (tenants) or withhold (landlords) the damage deposit. It is therefore in the interests of both parties to complete these inspections carefully, and it is advisable to take photographs confirming the condition on both move-in and move-out.
Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22
A landlord must use this form where a tenant was not available at the date(s) and time(s) first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.
Schedule of Parties - RTB 26
Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.

G. Other Forms

Terminating or Restricting a Service or Facility - RTB 24
A landlord must use this form to terminate or restrict a service or facility to a rental unit or manufactured home site.
Request for Consent to Assign a Manufactured Home Site Tenancy Agreement - RTB 10
Use this form if you are a manufactured home owner and you are requesting the park owner’s consent to assign your site tenancy agreement to the purchaser of your manufactured home.
Request for Consent to Sublet a Manufactured Home Site Tenancy Agreement - RTB 25
A manufactured home owner may use this form to request a park owner’s consent to sublet a site tenancy agreement to the renter of the manufactured home.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 29, 2019.

@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = landlord}}
-Check the RTB web site: http://bit.ly/1FjmXzc for current forms and fees. Ensure clients are using the most recent forms. Be aware that some applications require fees (a standard Application for dispute resolution costs $50). Waivers are available for low-income applicants.
+Check the RTB web site: http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/forms for current forms and fees. Ensure clients are using the most recent forms. Be aware that some applications require fees (e.g. a standard Application for dispute resolution costs $100). Waivers are available for low-income applicants.
-The  dispute  resolution  policy  guidelines  are  also  available  online,  as  are  decisions  by  Arbitrators.  These  areuseful for preparing for a hearing, but they are '''NOT''' binding on Arbitrators.
-== A. Entering Into a Tenancy ==
+The dispute resolution policy guidelines are also available online, as are decisions by Arbitrators. These are useful for preparing for a hearing, but they are '''NOT''' binding on Arbitrators.
-=== 1. Residential Tenancy Agreement - RTB 1 ===
-The RTB is of the opinion that this Residential Tenancy Agreement accurately reflects the  RTA and  accompanying  regulations.  The  RTB  makes  no  representations  or  warranties  regarding  the use  of  this  Agreement.  A  landlord  and  tenant  may  wish  to  obtain  independent  advice regarding whether this agreement satisfies their own personal or business needs.
+== '''A. Entering Into a Tenancy''' ==
-=== 2. Manufactured Home Site Tenancy Agreement - RTB 5 ===
+#'''Residential Tenancy Agreement - RTB 1'''
+#:The RTB is of the opinion that this Residential Tenancy Agreement accurately reflects the RTA and accompanying regulations. The RTB makes no representations or warranties regarding the use of this Agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.
+#'''Manufactured Home Site Tenancy Agreement - RTB 5'''
+#:The Residential Tenancy Branch is of the opinion that this Manufactured Home Site Tenancy Agreement accurately reflects the MHPTA and accompanying regulations. The RTB makes no representations or warranties regarding the use of this agreement. A landlord and tenant may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.
+#'''Condition Inspection Report - RTB 27'''
+#:Landlords and tenants or their representatives can use this form to record the condition of a rental unit at the time of move-in and at the time of move-out by the tenant.
+#'''Schedule of Parties - RTB 26'''
+#:Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.
-The  Residential  Tenancy  Branch  is  of  the  opinion  that this  Manufactured  Home  Site  Tenancy Agreement  accurately  reflects  the  MHPTA  and  accompanying  regulations.  The  RTB  makes  no representations  or  warranties  regarding  the  use  of  this agreement.  A  landlord  and  tenant  may wish to obtain independent advice regarding whether this agreement satisfies their own personal or business needs.
-=== 3. Condition Inspection Report - RTB 27 ===
+== '''B. Rent Increases''' ==
-Landlords  and  tenants  or  their  representatives  can  use  this  form  to  record  the  condition  of  a rental unit at the time of move-in and at the time of move-out by the tenant.
-=== 4. Schedule of Parties - RTB 26 ===
+#'''Notice of Rent Increase - Residential Rental Units - RTB 7'''
+#:Landlords must use this notice to notify tenants of rent increases.
+#'''Notice of Rent Increase - Manufactured Home Site - RTB 11'''
+#:Park owners must use this notice to notify tenants of site rent increases. This notice is not used where a tenant rents a manufactured home, as well as the site, under a single tenancy agreement.
+#'''Application for Additional Rent Increase - RTB 16'''
+#:A landlord must use this form to apply for an Arbitrator’s approval for a rent increase in an amount greater than the amount specified in the RTA, the MHPTA and associated regulations.
+#'''Schedule of Parties - RTB 26'''
+#:Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.
-Use  this  Schedule  of  Parties  to  continue  if  the  form  you  are  completing  does  not  have  enough room for additional applicants or respondents. It is to be filed with your completed application.
-== B. Rent Increases ==
+== '''C. Dispute Resolution''' ==
-=== 1. Notice of Rent Increase - Residential Rental Units - RTB 7 ===
-Landlords must use this notice to notify tenants of rent increases.
+#'''Tenant’s Application for Dispute Resolution - RTB 12'''
+#:Tenants must complete and file this form to request a hearing before an Arbitrator to resolve a residential tenancy dispute. To submit the Application form over the web, fill out the Online Application for Dispute Resolution form.
+#'''Landlord’s Application for Dispute Resolution - RTB 12'''
+#:Landlords must complete and file this form to request a hearing before an Arbitrator to resolve a residential tenancy dispute. To submit the Application form over the web, fill out the Online Application for Dispute Resolution form.
+#'''Application to Waive Filing Fee - RTB 17'''
+#:A person bringing a dispute to dispute resolution may use this form to request that the Residential Tenancy Branch waive the fee for filing an Application for dispute resolution.
+#'''Application for Substituted Service - RTB 13'''
+#:Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.
+#'''Tenant’s Request to Join Applications for Dispute Resolution - RTB 19'''
+#:Tenants may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it makes sense that the matters be joined.
+#'''Landlord’s Request to Join Applications for Dispute Resolution - RTB 18'''
+#:Landlords may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it is sensible that the matters be joined.
+#'''Schedule of Parties - RTB 26'''
+#:Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.
-=== 2. Notice of Rent Increase - Manufactured Home Site - RTB 11 ===
-Park owners must use this notice to notify tenants of site rent increases. This notice is not used where a tenant rents a manufactured home, as well as the site, under a single tenancy agreement.
+== '''D. Dispute Resolution Decisions and Orders''' ==
-=== 3. Application for Additional Rent Increase - RTB 16 ===
-A landlord  must  use  this  form  to  apply  for  an  Arbitrator’s  approval  for  a  rent  increase  in  an amount greater than the amount specified in the RTA, the MHPTA and associated regulations.
+#'''Application to Review Arbitrator’s Decision or Order - RTB 2'''
+#:Landlords and tenants may use this form to apply to the Director or the Residential Tenancy Branch for review of an Arbitrator’s order or decision.
+#'''Request for Correction - RTB 6'''
+#:Tenants and landlords may use this form to request that the Residential Tenancy Branch correct any obvious error or inadvertent omission.
+#'''Request for Clarification – RTB 38'''
+#:Tenants and landlords may use this form to request the Residential Tenancy Branch clarify a decision.
+#'''Request/Approval for Release of Originals - RTB 9'''
+#:Use this form to request the return of original evidence used in a residential tenancy dispute resolution hearing. Please note that original copies must be given to the Residential Tenancy Branch and the other party of the dispute. The applicant or respondent should always keep original copies of each document submitted in a dispute resolution proceeding.
+#'''Application for Substituted Service - RTB 13'''
+#:Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.
+#'''Schedule of Parties - RTB 26'''
+#:Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.
-=== 4. Schedule of Parties - RTB 26 ===
-Use  this  Schedule  of  Parties  to  continue  if  the  form  you  are  completing  does  not  have  enough room for additional applicants or respondents. It is to be filed with your completed application.
+== '''E. End of Tenancy''' ==
-== C. Dispute Resolution ==
-=== 1. Tenant’s Application for Dispute Resolution - RTB 12 ===
+#'''Notice to End Tenancy - Residential Unit - RTB 3'''
+#:A landlord '''must''' use this notice to end a tenancy agreement, unless the tenancy is a fixed-term agreement that contains a predetermined expiry date and the tenant has agreed to vacate, or the landlord and tenant have agreed in writing to end the tenancy.
+#'''12 Month Notice to End Tenancy for Conversion of Manufactured Home Park - RTB 31'''
+#:Landlords '''must''' use this form to end a Manufactured Home Site Tenancy.
+#'''Mutual Agreement to End a Tenancy - RTB 8'''
+#:Tenants and landlords may use this form to voluntarily end residential tenancies.
+#'''Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22'''
+#:A landlord '''must''' use this form where a tenant was not available at the date(s) and time(s) first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.
+#'''Schedule of Parties - RTB 26'''
+#:Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.
-Tenants  must  complete  and  file  this form  to  request a hearing  before  an  Arbitrator  to  resolve  a residential  tenancy  dispute.  To  submit  the  Application  form  over  the  web,  fill  out  the  Online Application for Dispute Resolution form.
-=== 2. Landlord’s Application for Dispute Resolution - RTB 12 ===
+== '''F. Condition Inspection''' ==
-Landlords must complete and file this form to request a hearing before an Arbitrator to resolve a residential  tenancy  dispute.  To  submit  the  Application  form  over  the  web,  fill  out  the  Online Application for Dispute Resolution form.
-=== 3. Application to Waive Filing Fee - RTB 17 ===
+#'''Condition Inspection Report - RTB 27'''
+#:Landlords and tenants or their representatives can use this form to record the condition of a rental unit at the time of move-in and move-out by the tenant. Both parties must participate in these inspections, in order to reclaim (tenants) or withhold (landlords) the damage deposit. It is therefore in the interests of both parties to complete these inspections carefully, and it is advisable to take photographs confirming the condition on both move-in and move-out.
+#'''Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22'''
+#:A landlord '''must''' use this form where a tenant was not available at the date(s) and time(s) first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.
+#'''Schedule of Parties - RTB 26'''
+#:Use this Schedule of Parties to continue if the form you are completing does not have enough room for additional applicants or respondents. It is to be filed with your completed application.
-A  person  bringing  a  dispute  to  dispute  resolution  may  use  this  form  to  request  that  the Residential Tenancy Branch waive the fee for filing an Application for dispute resolution.
-=== 4. Application for Substituted Service - RTB 13 ===
+== '''G. Other Forms''' ==
-Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.
-=== 5. Tenant’s Request to Join Applications for Dispute Resolution - RTB 19 ===
+#'''Terminating or Restricting a Service or Facility - RTB 24'''
+#:A landlord must use this form to terminate or restrict a service or facility to a rental unit or manufactured home site.
+#'''Request for Consent to Assign a Manufactured Home Site Tenancy Agreement - RTB 10'''
+#:Use this form if you are a manufactured home owner and you are requesting the park owner’s consent to assign your site tenancy agreement to the purchaser of your manufactured home.
+#'''Request for Consent to Sublet a Manufactured Home Site Tenancy Agreement - RTB 25'''
+#:A manufactured home owner may use this form to request a park owner’s consent to sublet a site tenancy agreement to the renter of the manufactured home.
-Tenants may use this application to request that the Director of the Residential Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it makes sense that the matters be joined.
-=== 6. Landlord’s Request to Join Applications for Dispute Resolution - RTB 18 ===
-Landlords  may  use  this  application  to  request  that  the  Director  of  the  Residential  Tenancy Branch order that two or more dispute resolutions be heard together. Dispute resolutions may be joined when the matters to be determined are related and it is sensible that the matters be joined.
-=== 7. Schedule of Parties - RTB 26 ===
+{{REVIEWED LSLAP | date= July 29, 2019}}
+{{LSLAP Manual Navbox|type=chapters15-22}}
-Use  this  Schedule  of  Parties  to  continue  if  the  form  you  are  completing  does  not  have  enough room for additional applicants or respondents. It is to be filed with your completed application.
-== D. Dispute Resolution Decisions and Orders ==
-=== 1. Application to Review Arbitrator’s Decision or Order - RTB 2 ===
-Landlords  and  tenants  may  use  this  form  to  apply  to  the  Director  or  the  Residential  Tenancy Branch for review of an Arbitrator’s order or decision.
-=== 2. Request for Correction - RTB 6 ===
-Tenants and landlords may use this form to request that the Residential Tenancy Branch correct any obvious error or inadvertent omission.
-=== 3. Request for Clarification – RTB 38 ===
-Tenants  and  landlords  may  use  this  form  to  request  the  Residential  Tenancy  Branch  clarify  a decision.
-=== 4. Request/Approval for Release of Originals - RTB 9 ===
-Use  this  form  to  request  the  return  of  original  evidence  used  in  a  residential  tenancy  dispute resolution  hearing.  Please  note  that  original  copies  must  be  given  to  the  Residential  Tenancy Branch  and  the  other  party  of  the  dispute.  The  applicant  or  respondent  should  always  keep original copies of each document submitted in a dispute resolution proceeding.
-=== 5. Application for Substituted Service - RTB 13 ===
-Landlords and tenants must use this form to request an Arbitrator order documents be served in a method other than those required by the RTA.
-=== 6. Schedule of Parties - RTB 26 ===
-Use  this  Schedule  of  Parties  to  continue  if  the  form  you  are  completing  does  not  have  enough room for additional applicants or respondents. It is to be filed with your completed application.
-== E. End of Tenancy ==
-=== 1. Notice to End Tenancy - Residential Unit - RTB 3 ===
-A  landlord '''must'''  use  this  notice  to end  a  tenancy  agreement, unless  the  tenancy is  a fixed-term agreement  that  contains  a  predetermined  expiry  date  and  the  tenant  has  agreed  to vacate,  or  the landlord and tenant have agreed in writing to end the tenancy.
-=== 2. 12 Month Notice to End Tenancy for Conversion of Manufactured Home Park - RTB 31 ===
-Landlords '''must''' use this form to end a Manufactured Home Site Tenancy.
-=== 3. Mutual Agreement to End a Tenancy - RTB 8 ===
-Tenants and landlords may use this form to voluntarily end residential tenancies.
-=== 4. Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22 ===
-A  landlord '''must'''  use  this  form  where  a  tenant  was  not  available  at  the  date(s)  and  time(s)  first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.
-=== 5. Schedule of Parties - RTB 26 ===
-Use  this  Schedule  of  Parties  to  continue  if  the  form  you  are  completing  does  not  have  enough room for additional applicants or respondents. It is to be filed with your completed application.
-== F. Condition Inspection ==
-=== 1. Condition Inspection Report - RTB 27 ===
-Landlords  and  tenants  or  their  representatives  can  use  this  form  to  record  the  condition  of  a rental unit  at  the  time  of  move-in  and  move-out  by  the tenant.  Both  parties  must  participate in these inspections,  in  order  to  reclaim  (tenants)  or  withhold  (landlords)  the damage  deposit.  It  is therefore  in  the  interests  of  both  parties  to  complete  these  inspections  carefully,  and  it  is advisable to take photographs confirming the condition on both move-in and move-out.
-=== 2. Notice of Final Opportunity to Schedule a Condition Inspection - RTB 22 ===
-A  landlord '''must'''  use  this  form  where  a  tenant  was  not  available  at  the  date(s)  and  time(s)  first offered by the landlord for a condition inspection, and where the landlord was not available at an alternate time proposed by the tenant.
-=== 3. Schedule of Parties - RTB 26 ===
-Use  this  Schedule  of  Parties  to  continue  if  the  form  you  are  completing  does  not  have  enough room for additional applicants or respondents. It is to be filed with your completed application.
-== G. Other Forms ==
-=== 1. Notice Terminating or Restricting a Service or Facility - RTB 24 ===
-A  landlord  must  use  this  form  to  terminate  or  restrict a  service  or  facility  to  a  rental  unit  or manufactured home site.
-=== 2. Request for Consent to Assign a Manufactured Home Site Tenancy Agreement - RTB 10 ===
-Use  this  form  if  you  are  a  manufactured  home  owner  and  you  are  requesting  the  park  owner’s consent to assign your site tenancy agreement to the purchaser of your manufactured home.
-=== 3. Request for Consent to Sublet a Manufactured Home Site Tenancy Agreement - RTB 25 ===
-A manufactured home owner may use this form to request a park owner’s consent to sublet a site tenancy agreement to the renter of the manufactured home.