Dispute Resolution for Tenants

Do prepare well for a hearing and make sure you submit all your evidence on time. Don’t show up late or miss a dispute resolution hearing altogether. You may not get another chance.

What is dispute resolution?

Tenants in BC are protected by the Residential Tenancy Act. This is the law that makes rules for tenants and landlords. You may be able to use the Act to deal with problems you have with your landlord, by going to dispute resolution at the Residential Tenancy Branch. A dispute resolution hearing is like a landlord-tenant “court”. You can ask a dispute resolution officer to interpret the rules in the Residential Tenancy Act. For example, you can ask for repairs, or dispute an eviction notice. Dispute hearings can be held in person at the Residential Tenancy Branch, or over the phone by conference call. At the hearing, you can present evidence, and bring witnesses. The dispute resolution officer will decide what to do about the problem, based on an interpretation of the law and your evidence. You and your landlord must obey the decision.

Rules and procedures

Rules of Procedure are posted on the Residential Tenancy Branch Web site. These rules can give you an idea of how the hearing is conducted. It is also useful to look at the Interpretation Guidelines on that Web site. The Guidelines help explain what is meant by certain parts of the Residential Tenancy Act and are meant to assist dispute resolution officers in making their decisions.

Time limits

You must apply for dispute resolution within a certain number of days if you are responding to a notice from your landlord. For example, you only have a few days to challenge an eviction notice. The time limits for dispute resolution are written on the notices the landlord gives you. If you don’t know how much time you have to apply for dispute resolution, immediately take the notice to the nearest Residential Tenancy Branch, Government Agent or Service BC Centre.

Early Resolution

You can phone the Residential Tenancy Branch and ask an Information Officer to phone the landlord on your behalf if you believe that the issue can be resolved easily by having the Information Officer explain to the landlord that he is acting in a way that is not allowed under the Residential Tenancy Act. Make sure that you take note of the Information Officer’s name.

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, 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."

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."

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

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."

Short for the Child Support Guidelines, a regulation to the federal Divorce Act, adopted by each province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.