Taking Action as a Tenant

The previous chapter explained the dispute resolution process and the very limited grounds for disputing a decision. If you are not happy with a decision made by a Residential Tenancy Branch dispute resolution officer (DRO) the only way to get the decision changed is to apply for a review, which is done only in limited circumstances. You could also apply for a judicial review at Supreme Court, but again there are only very limited grounds for review and the process could get expensive. It is estimated that 90 percent of judicial reviews fail.

However, there are other ways to make complaints:

Here’s what you can do when:

Your landlord disregards the law and continues to ignore orders from the Residential Tenancy Branch.

The Residential Tenancy Branch does not enforce orders. Orders for security deposit return or other monies owed to you by the landlord are enforced through Provincial Court (Small Claims). The Court establishes the procedures for enforcing orders. Contact your local Court Registry.

You can let the Residential Tenancy Branch know that the landlord is ignoring dispute resolution officer orders. The Director of the Residential Tenancy Branch can assess complaints and impose fines of up to $5,000 per day while a contravention of the Act or Regulations continues. The Director of the RTB can impose administrative penalties of $5,000 a day on landlords for serious repeated cases of non-compliance with the RTA. See the RTB website.

In dispute resolution you can also ask to be compensated for the time the landlord ignored an order and withheld a service or facility from you.

===You think the staff at the Residential Tenancy Branch gave you wrong information, made serious mistakes in processing your application, or otherwise unfairly prevented you from accessing their services.===

Always ask for the name of the staff member you are speaking to when you contact the Residential Tenancy Branch. Staff must provide you with a contact name if you ask for it.

Ask to speak to a Residential Tenancy Branch manager or supervisor. Explain the details of the problem you had with the office and the name of the staff member you were dealing with. The manager can only deal with problems you had with office staff or procedures, not with dispute resolution officers or their decisions. Dispute resolution officers are independent decision makers.

If you are not satisfied with the response you get from Residential Tenancy Branch management you can make a complaint to the Office of the Ombudsman. The Ombudsman can conduct impartial and confidential investigations to determine if a public agency is being fair to the people it serves. For more information about the Ombudsman call (250) 387- 5855 or 1-800-567-3247, or go to the BC Ombudsman website.

You believe that a dispute resolution officer conducted a hearing in an unfair manner.

First ask to speak to the manager of the Residential Tenancy Branch with which you were dealing. While management cannot change decisions they may be able to explain why a hearing was conducted the way it was.

If you are not satisfied with the explanation you receive from Branch management you can contact the director of the Residential Tenancy Branch in writing. Keep in mind that the director cannot change a decision. If the director does investigate your complaint it is unlikely to affect your situation, but may help others in the future. Write to: Director, Residential Tenancy Branch PO Box 9844 Stn Prov Govt Victoria, BC V8W 1C8

You think that the law is unfair to tenants in BC and you would like the government to change it.

The Government of British Columbia is responsible for the Residential Tenancy Act. If you feel like the law is unfair to tenants you can contact your local MLA (Member of the Legislative Assembly) and voice your concerns. The government needs to hear from tenants in order to strengthen laws protecting tenants. To find your MLA go to the MLA webiste or call Elections BC at 1-800-661-8683. If you write a letter, you can copy it to TRAC by e-mail to info@tenants.bc.ca.

You would like to see enforcement by City officials regarding serious repair issues in your building, or would like your municipality to pass by-laws preserving affordable rental housing in your area.

Only a few municipalities in BC have by-laws regarding the condition of rental buildings or the loss of affordable housing. Contact your local city or town hall and ask if there are any such by-laws where you live. If not, contact your local mayor and municipal councilors and ask why not. Local governments can play a big role in preserving safe and affordable housing, but like provincial politicians they need to hear from tenants. Look in the blue pages of your local phone book to find out contact information for your local government or go to the CivicInfoBC website and search for your local government.

You have a problem with the way a realtor or property manager has treated you while selling the place for your landlord or managing the property for the landlord.

For example, the realtor enters your place without notice. First try and discuss the matter directly with the realtor. Explain that the realtor has to follow the Residential Tenancy Act. As always follow up with a letter, keeping a copy for yourself, so that you’ve documented your concerns. If this does not resolve the problem, contact the managing broker. If your problem is still not resolved you can contact the Real Estate Board. For more information on making complaints about realtors see the Real Estate Council of British Columbia’s website.

If you are at the point of making a formal complaint about a realtor or property manager, you should also consider filing for dispute resolution at the Residential Tenancy Branch. It is only through a dispute resolution hearing that you could ask for an order restricting entry or for compensation for loss of quiet enjoyment. See sections on Privacy and Quiet Enjoyment When Renting and Dispute Resolution for Tenants.

Tenant Groups

Sometimes when everyone in a building is having problems with the landlord it may be helpful to start a tenants’ group. There’s strength in numbers and working together to get a landlord to fix problems in a building can be very effective. However, there are potential pitfalls involved with building organizing. For example, you want to make sure people in your building are on side with your cause so that the landlord does not simply dismiss you as a troublemaker. Contact TRAC if you would like information about starting a tenants’ group in your building.

Media

Involving the media in a dispute you’re having with your landlord can be an effective way of getting the landlord to take notice of the problem and do something about it. Very few landlords want to be publicly shamed for the way they carry on their business. Keep in mind that the media is more likely to be interested in stories that are unusual or that affect several people. You should also be prepared to explain to a reporter how you have tried to resolve the problem and show evidence such as letters. Call the Tenant Information Line for more information about speaking to the media.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

Something which can be owned. See "chattels" and "real property."

In law, a judge’s decision (1) not to grant a claim or (2) to reject a court proceeding with or without trial. An application that is dismissed has been rejected by the judge. See "application."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."