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Dispute Resolution for Tenants

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{{Tenant Survival Guide TOC}}
''Do'DO:' prepare well for a hearing and make sure you submit all your evidence on time. ''Don't'' show up late or miss a seek help when going through the dispute resolution process. Ask a friend, family member, or legal advocate for assistance with gathering evidence, submitting your application, serving documents, and participating in the hearing altogether. You may not get another chance.
== What is dispute resolution? =='''DO NOT:''' forget the timelines for disputing eviction notices: 5 days for a 10 Day Notice, 10 days for a One Month Notice, 15 days for a Two Month Notice, and 30 days for a Four Month Notice.
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 an arbitrator to interpret the rules in the ''Residential Tenancy Act''. For example, you can ask for repairs, or dispute an eviction notice. Dispute hearings are almost always held over the phone by conference call. During the hearing, you can present evidence, and bring witnesses. ==The arbitrator 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.basics==
===Rules and procedures===[http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] are posted on the The Residential Tenancy Branch website(RTB) offers a service called dispute resolution, which is essentially BC’s tenant-landlord “court”. These rules can give When facing a legal problem with your landlord, you do not have to hire an idea of how the hearing is conductedexpensive lawyer and go to Small Claims Court or BC Supreme Court. It is also useful to Instead, you can request that a RTB arbitrator look at the Policy Guidelines on that websiteyour case and make a legally-binding decision. The Guidelines help explain what is meant by certain parts of Almost all legal disputes between tenants and landlords must be resolved through the ''Residential Tenancy Act'' and are meant to assist arbitrators in making their decisionsRTB dispute resolution system.
[[File:Dispute resolution for tenants.png | right | frame | link===Time limits===]]
You must apply for dispute resolution within a certain number ===Types 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.orders===
===Early resolution===Arbitrators have the power to settle legal disputes on a range of topics. An arbitrator can: * order your landlord to follow the law;* order your landlord to pay you money;* order your landlord to repair your rental unit;* prevent your landlord from entering your rental unit;* give you permission to change your locks;* give you permission to withhold money from future rent payments; and* cancel an eviction notice that your landlord has given you.
You can phone the Residential Tenancy Branch ===Rules of Procedure 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.Policy Guidelines===
==How to apply==For more detailed information on dispute resolution, you can review the RTB’s Dispute Resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] – a comprehensive resource that covers topics such as filing an application, making a cross-application, exchanging evidence, amending an application, adjourning a hearing, etc.
=== Where do I apply? ===When preparing for a dispute resolution hearing, you should also see if there are any RTB [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines Policy Guidelines] related to your dispute. These resources go into greater detail on certain topics compared to the Residential Tenancy Act, and are often referred to by arbitrators when making decisions.
You can apply for a ==Resolving disputes without dispute resolution hearing at the Residential Tenancy Branch in Burnaby. If you can't access this office, you can apply through a Service BC Centre close to where you live (go to the [http://www.servicebc.gov.bc.ca/ Service BC website] to see locations). You can also [http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/applying-for-dispute-resolution submit an application online]. ==
===Fee===Dispute resolution should often be viewed as a last resort, as it can be time-consuming, costly, and unpredictable. When faced with less urgent issues such as minor repairs or noisy neighbours, first notify your landlord in writing and give them a reasonable chance to fix the problem before applying for dispute resolution. Of course, when dealing with more urgent issues, such as an eviction notice or emergency repair, consider applying for dispute resolution right away.
It costs $100 ===Tips when talking to apply for a dispute resolution hearing. You can pay by credit card if submitting your application online. If paying in person, you can pay by credit or debit card (credit not accepted at Service BC), cash, certified cheque or money order made out to: Minister of Finance, if paying in person. If you win your case, the arbitrator can order the landlord to pay you back the fee if you request it on your application. ===
If Talking to your landlord can be challenging, especially when you disagree on an issue. Here are a few tips to keep in mind:* '''Prepare ahead of time:''' It can be helpful to summarize your main points in advance, or have a low income, you can ask for practice conversation with a fee waiver so you donfriend or family member.* '''Consider your timing:'''t Try to have to paythe conversation when you are calm and composed, rather than upset and emotional. You need * '''Stay on topic:''' Raising irrelevant issues can derail the conversation and make it harder to fill out a form called [http://www2address your main concerns.govIf your landlord is getting off topic, acknowledge that you have heard what they said, but then refocus them on the original conversation.bc.ca/gov/DownloadAsset?assetId=88F7E910F3DB42729604F352484923EB&filename=rtb17.pdf Application to Waive Filing Fee]. Bring proof * '''Consider your landlord’s perspective:''' An effective communicator can be respectful of your incomethe other person’s perspective, while also clearly and calmly stating their own. * '''Be professional:''' It is in your best interest to be ready to give information about professional when dealing with your income landlord, regardless of how they have treated you in the past. Stay focused on getting the best possible outcome rather than engaging in personal attacks and expensesaggressive comments.
Note that if you are applying online, you can either submit your payment online, or pay later in person within 3 days of submitting your application. If you qualify for ===Tips when writing a fee waiver, you can fax your fee waiver application and documents letter to the Residential Tenancy Branch after submitting your application, or bring it in person within 3 days. Your application is not considered submitted until all fees/ fee waivers have been processed. landlord===
===Applying online===You may struggle to find the right words when writing your landlord. To help with this, TRAC has developed a series of [http://tenants.bc.ca/template-letters/ template letters] on topics such as bed bugs, deposits, illegal rent increases, etc. Download one of our letters as a starting point. From there, you can add your own details, the date, and your signature before sending the letter.
You can submit an online Application for Dispute Resolution form over the Internet Here are some tips to consider when writing your letter:* '''Keep it short and sweet:''' Stick to request your main points and avoid overwhelming your landlord with irrelevant details.* '''Organization is key:''' Structure your letter in a hearing before an arbitrator way that makes it easy to resolve a disputeread. The filing fee must be paid online If you are dealing with multiple issues, you may want to number them and address them one by credit cardone.* '''Think twice:''' Before sending your letter, review it, or have someone else review it. The Residential Tenancy Branch will then send You may even want to wait a night to see if you information by email about how and when would change anything the hearing will next day.*''' Consider your tone:''' Do not simply send a letter to complain to your landlord. You want your letter to be heldprofessional so that it helps you achieve a successful outcome. For example, how to prepare the hearing packages do not write in CAPITAL LETTERS, since that means that you must serve on the respondent(s), and other information related to the dispute resolution processare SHOUTING!* '''Be respectful:''' Remember that your landlord may keep a copy of your written communication for their record. Avoid writing anything that an arbitrator would find disrespectful.
===Filling out the application formResidential Tenancy Branch early intervention===
You must fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant’s Application for Dispute Resolution], or apply online. When you are applying for dispute resolution, you are can contact the "applicant" Residential Tenancy Branch and request that an Information Officer call your landlord is the "respondent." *You must write the address of your place where you had the problem.*You need the legal name and explain the address of the owner of the property if you are making a monetary claimlaw. If you don't know who the owner is, you can do a title search to find out. For information on how to do this, see TRAC's website- [http://tenants.bc.ca/Finding-out-who-my-landlord-is/ Finding Out Who My Landlord Is]. You can name the manager or property manager if your application is Some landlords will be more likely to resolve behave once a dispute not related to money. *You need to check off government employee has outlined the box on the second page of the form that best describes why you are applying potential consequences for dispute resolution. The arbitrator will only deal with sections of the law that you write down on the form.*If you paid the $100 filing fee, check off the box that says you want to recover the cost of the filing fee from your landlord.*Include copies of evidence you will use in the hearing with the application. You can also provide it later, as long as you give copies to the landlord and arbitrator as soon as possible, or at least 14 calendar days before the hearingtheir illegal behaviour.
===Serving notice to your landlord=Applying for dispute resolution==
The Residential Tenancy Branch will give you a package of documents once you ===How to apply for dispute resolution. The package will include the date of your hearing, important information about serving documents and include extra copies of the documents for the landlord. You must serve the documents to your landlord within 3 calendar days of receiving them.===
There are two ways You can submit hardcopy applications at any Residential Tenancy Branch (RTB) office or [http://servicebc.gov.bc.ca/locations Service BC Centre]. The RTB has also recently improved their [ http://gov.bc.ca/landlordtenant online application] process. Compared to serve the documentshardcopy application process, the online system offers several benefits, including: * the ability to upload evidence online;* the ability to apply for fee waiver applications online;* helpful email reminders and notifications;* an intuitive design with step-by-step instructions;* the ability to resume incomplete applications; and* mobile-friendly functionality.
*'''In person''': Bring a witness who has read the documents when you give them to the landlord. You must give the documents to the landlord within three days.*'''Send by registered mail''': Keep the receipt from the post office to prove you sent the notice. Mail the documents to the landlord as soon as you receive them.===Fee===
== Applying It costs $100 to apply for dispute resolution . However, if you win your hearing, the arbitrator can order your landlord to repay you the fee – as long as you have made that request as part of your application. Alternatively, if you have a group ==low income, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/fees-and-fee-waivers#Waiver fee waiver application] that cancels the fee entirely. To be successful, you may need to provide evidence of your income, such as an income assistance statement, employment insurance benefits statement, recent paystub from an employer, and/or recent bank statements.
If you and your neighbours have the same problem with the same landlord, the law says you can apply for dispute resolution as a group. For example, if several tenants have a problem with the heating in a building you can all apply for a repair and service order together. Only one hearing will be held. Not everyone in the group will need to attend the hearing. To apply, you and your neighbours need to fill out forms available from the Residential Tenancy Branch. Call the [[Residential Tenancy Branch]] or the [http://www.clicklaw.bc.ca/helpmap/service/1085 Tenant Information Line] for more information.===Time limits===
In certainThere are varying deadlines for dispute resolution applications, serious cases, TRAC may be able to represent groups depending on the nature of tenants at their hearingsthe dispute. If you For example, here are interested in receiving free representation from TRAC, contact the [httptime limits to dispute eviction notices://www.clicklaw.bc.ca/helpmap/service/1085 Tenant Information Line]* 5 days to dispute a 10 Day Eviction Notice;* 10 days to dispute a One Month Eviction Notice; * 15 days to dispute a Two Month Eviction Notice; and * 30 days to dispute a Four Month Eviction Notice.
== How to prepare for a hearing == You can represent yourself at the hearing. You need to present evidence to the arbitrator to tell Naming your side of the story. Your landlord can also present evidence. The arbitrator will make a final decision based on this evidence, so it’s important to prepare your case well and have all your evidence with you. The hearings usually last no longer than one hour from start to finish so it is important that you are organized and that you stay on topic.===
===Getting help===Name yourself as the “applicant” and your landlord(s) as the “respondent(s)”. Although tenants may sometimes only have one landlord – the owner of the rental unit – it is quite common for an owner to appoint an “agent”, such as a property management company, to act on their behalf as a secondary landlord. If this is the case, it can be wise to list both landlords on your application form.
Government cutbacks to legal aid mean that If you can no longer receive legal aid representation are asking for dispute resolution hearings. Many community groups have also had money as part of your application, make sure to cut back services. (See include the legal name and address of the [[Other Resources for Tenants|Other Resources]] section for groups that are still helping tenants at dispute resolution hearingsowner.) You may need This will make it easier to be prepared enforce your monetary order through Small Claims Court if the owner refuses to represent yourself at a hearingpay. If you aren't fluent in Englishdo not know who the owner of your rental unit is, you can bring someone complete a land title search through the Land Title Office. See TRAC’s webpage, [http://tenants.bc.ca/finding-out-who -my-landlord-is fluent in English to the hearing to interpret / Finding Out Who My Landlord Is] for youmore information.
===Getting organizedServing notice to your landlord===
Make Once your dispute resolution application has been accepted, the RTB will provide you with a list package of hearing documents that lists the most important points you want date and time of your hearing, instructions on how to make at prepare for your hearing, and copies of the dispute resolution hearingapplication and submitted evidence. Organize these points in Hearing dates are set based on urgency, with the most serious applications receiving the highest priority, and monetary order that they happenedapplications receiving the lowest priority.
===Getting Once you have received your hearing documents, you have three days to serve them on the respondent(s) in one of the following ways:# Delivering them in person to your landlord, and/or your landlord’s agent. If possible, bring a witness so you have proof that your documents were served properly. # Sending them via registered mail. (Considering mailed documents are deemed received five days later, you are only required to mail your hearing documents within three days.) If you serve the documents via registered mail, make sure to keep the receipt and confirmation of delivery as evidence=== .
If you have witnesses, it is best if they come to the hearing. If they can't come in person, get a sworn statement. This is your witness' description of what happened, sworn before a lawyer or Notary Public. This will cost you money.===Group applications===
A group of tenants facing related issues can ask the RTB to join their applications together and hold one dispute resolution hearing for everyone. If your hearing is held over the telephoneRTB agrees to this, your witnesses can participate. Give the names and phone numbers of your witnesses lead tenant will be required to attend the Residential Tenancy Branch before hearing, while the hearing. Make sure you talk to your witnesses before other tenants will have the hearing. They need to know what questions you are going option to ask themattend. And you need to know what answers they are going to give!
You can also submit letters, receipts, photographs, audio and video tapes as evidence ==Preparing for the dispute resolution hearing. If you need equipment to play a video or audio tape, you must tell the Residential Tenancy Branch in advance. If you are seeking a monetary order, please use the Residential Tenancy Branch [http://www.rto.gov.bc.ca/documents/RTB-37.pdf Monetary Order Worksheet]. If you are the applicant, you must provide copies of all evidence to the Residential Tenancy Branch and your landlord as soon as possible, or at least 14 days before the hearing. If you are the respondent, you must provide copies of all evidence to the Residential Tenancy Branch and your landlord as soon as possible, or at least seven days before the hearing. Your landlord must do the same. If your evidence is only made available at the hearing, the landlord can ask for the hearing to be held at a later date, or for the arbitrator to not consider it. The arbitrator may refuse to consider evidence not submitted within the deadline.==
All evidence must be organized, clear, and legible. The first page of your evidence package should be an index, clearly numbering ===Gathering and describing the evidence included. All parties should have identical copies of your submitting evidence package, so everyone can follow along during the hearing. ===
===Practice presenting To be successful at dispute resolution, you will have to gather and submit enough quality evidence to convince an arbitrator to rule in your case===favour. Telling your side of the story is generally not enough; you should be prepared to present relevant evidence in a convincing manner.
Once Here are some examples of evidence that you should consider submitting:'''Tenancy agreement:''' Your landlord is legally required to give you have gathered a copy of your tenancy agreement within 21 days of entering into your tenancy. Written communication: Include written communication that strengthens your case, such as letters, forms, and notices. Relevant emails, texts, and social media messages may also be considered by arbitrators.'''Photos:''' Add descriptions of the facts photos and when they were taken. You should number and evidencelabel them in a consistent fashion – for example, practice telling your side “Living Room Photo 1” and “Living Room Photo 2”.'''Audio and video recordings:''' Indicate which parts of the storyaudio recordings and videos you would like the arbitrator to listen to and watch.'''Witnesses:''' Have witnesses speak at the hearing or submit signed witness statements. Present '''Affidavits:''' Submit affidavits (sworn statements) signed by you or your case to a friend who witnesses. A lawyer, Notary Public, or Commissioner of Oaths can ask questions if some of your points assist you with this process. Affidavits may cost money but are confusinggenerally considered stronger evidence than unsworn statements. '''Receipts:''' You may will need to explain something in proof of the expenses you paid when seeking a monetary order.'''Monetary Order Worksheet:''' If you are applying for a different way to make your point clearmonetary order, you must submit the Residential Tenancy Branch form, “Monetary Order Worksheet”.
== During the hearing =Deadlines to submit evidence===
===Organizing All evidence that you want to rely on at dispute resolution needs to be submitted to the Residential Tenancy Branch (RTB) and properly served on your evidence===landlord.
This includes your tenancy agreement, letters, notices, photographs, receipts and witnesses. Make sure your papers are in The person applying for dispute resolution – the order you want “applicant” – should do their best to present themsubmit evidence with their application. It If that is important to discuss all of your not possible, the RTB and the respondent must receive the evidence during at least 14 days before the hearing. Evidence should always be submitted as soon as possible, because as arbitrators have the arbitrator may not consider it unless you explain what right to refuse evidence that was intentionally submitted later than it is meant to show. Have a pen and paper, or computer ready so you can take notes during the hearing. [[File:Dispute resolution for tenantscould have been.png | right | frame | link= ]]
===Keep your answers short The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least 7 days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to the point===not consider it.
You '''Late evidence:''' If you miss the deadline for submitting evidence, you can still submit your evidence late. Be prepared to have an argument ready for why the arbitrator should only talk about things related to your caseconsider the evidence at the hearing. For example, if you are trying to get the evidence may have only become available after the evidence deadline. If your damage deposit back, don't bring landlord brings up your rude neighbours. Alsoevidence during a hearing that you did not receive on time, hearings are only scheduled for one hour so you do can ask the arbitrator to not want consider it, or to run out adjourn (reschedule) the hearing to a later date. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.17] of timethe Rules of Procedure for more information.
===Only talk about what you know for sure==='''Service rules:''' The way that evidence is served can affect when it is legally considered received. For example:* evidence delivered in person is considered received that same day;* evidence left in a mailbox or mail slot is considered received three days later; and* evidence that is mailed is considered received five days later.
It's okay to say that you don't understand a question. It's also okay to say that you don't know or that you've forgotten something. Just tell the truth, and don't make guesses.===Digital Evidence===
===Wait Tenants who have filed for dispute resolution must, where possible, digitally submit evidence to the RTB through their online system. If you are not able to upload evidence in this manner, you can still submit physical copies directly to the RTB, or to any Service BC Centre across the province. Digitally submitting evidence to the RTB will make it available to the arbitrator handling your turn===case, but the RTB will not send copies to your landlord on your behalf. This means that, when you digitally submit evidence to the RTB, you must also serve copies of that evidence to your landlord using an accepted method of service according to the ''Residential Tenancy Act''.
If When submitting digital evidence, you should ensure that your landlord evidence is talking well organized. According to [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf section 3.10.1] of the Rules of Procedure, digital evidence should be accompanied by descriptions of the arbitrator firstevidence, logical numbering systems for photographs, you can write down a time code for the key point in any questions you may want to askaudio or video recordings, etc. You must also submit RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb43.pdf “Digital Evidence Details”], available on the RTB website at gov.bc.ca/tenantlandlord. When it's This form will help keep your turnevidence organized for the arbitrator, and ensure you can make your pointsfollow the required steps for service.
===Don't get mad===When serving digital evidence on your landlord, you must ensure that they are able to access the evidence. For example, if you submit video evidence to the RTB online, and then make a DVD of that video to serve on your landlord, you must confirm with your landlord that they have playback equipment for the DVD, or can somehow access the information on the disc. When asked about whether they can access a particular format, your landlord must reply as soon as possible. If you choose to submit digital evidence, you must keep exact copies of that evidence for two years after the dispute resolution process has concluded. See sections 3.0 and 3.10 of the [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] and RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl42.pdf Policy Guideline 42] for more information.
Even if you think your landlord is rude or lying, try to stay calm. Don't interrupt. Your behaviour in the hearing can influence the arbitrator's decision. ===Bringing help===
===Take an The dispute resolution process has been designed for self-representation, which means that most tenants are able to participate in hearings on their own. That being said, if you feel that you need some assistance during your hearing, you have the right to bring a family member, friend, legal advocate, lawyer, translator, or interpreter===.
If you have trouble speaking or understanding English, bring a friend fluent ==Participating in English who can interpret for you.dispute resolution==
===Don't be late!Connecting to the conference call===
Dispute resolution hearings can be very briefare almost always held over the phone. If When you're lateapply for dispute resolution, they you will be given a hearing package with instructions on how to connect to the conference call. Make sure to keep these instructions in a safe place and have them ready for the start of your hearing. It is always a good idea to connect to the conference call early, so that you have time to address any potential technical issues before the hearing without starts. If youare unable to connect to the conference call due to matters outside of your control, you may have to submit an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration].
== Conference call hearings =Start of the hearing===
Dispute resolution hearings are almost always held by conference call. They are the same as in-person hearings except that you attend by phoning in to The arbitrator will explain how the Residential Tenancy Branch. When you apply for a dispute resolution hearing you will be given a hearing packageproceed and address any preliminary matters. The first page of the package This is a Notice of Hearing and it contains instructions on how to participate in the hearing. You’ll need these instructions when your hearing time arrives. Here are some points to remember about conference call hearings:*When your hearing time arrives have your hearing package and all your evidence in front of you.*Dial the number provided in your hearing letter, followed by the seven digit code and then the pound sign (#) for access mention anything that needs to the conference call. (Dial carefully. If you make a mistake you could miss be dealt with before the hearingstarts.)*Try to call about one minute before the hearing timeFor example, but not more than five minutes before the hearing. If you call too early you won’t be able may have to access the call.*When you are connected to the call you mention that an advocate will hear a message telling be representing you that you are part of , a conference call and witness will be providing evidence, or that you should wait for other participants need to come on the line.*The arbitrator may come on the line late if held up in another hearing. Do not hang up. Wait on the line so that the arbitrator does not conduct the hearing without you.*If you have technical problems getting through to the hearing call the Telus operator (0). Ask the operator to put you through to the Residential Tenancy Branch to sort out amend your problem. (Calling the Branch directly will mean waiting on hold and potentially missing your hearingapplication.)
==='''Requesting an adjournment:''' You may need to request that your hearing be adjourned (rescheduled). For example, this could happen if you did not receive your landlord’s evidence in time to prepare a response. The decision===to adjourn the hearing or proceed with the hearing will be up to the arbitrator handling your case.
If an arbitrator decides in your favor, ===During the landlord must obey the decision. If the landlord ignores the order, you should contact the Residential Tenancy Branch. In some cases, you may need to go back to dispute resolution. For example, if the landlord ignores an order to do repairs, you will need the Residential Tenancy Branch's permission to take money off your rent to pay for repairs.hearing===
== Collecting money from You should be given a fair chance to argue your case, ask questions, and share evidence, including witness testimonies. Make sure to present your evidence clearly and concisely, and avoid raising issues that are irrelevant to your application. It is important to guide the landlord ==arbitrator through your evidence; do not assume that they will understand everything on their own.
You could be awarded money back from your landlord at The applicant generally presents their evidence first, followed by the dispute resolution hearing, but your landlord might not pay yourespondent. You should write One exception to your landlord enclosing this rule is when a copy of the order, and asking them to pay. A Residential Tenancy Branch arbitrator’s order tenant is as serious as any court orderdisputing an eviction notice. If For those hearings, the respondent landlord doesn't pay, you can file must present their evidence first and explain why the order at the Small Claims Division of the Provincial Courteviction notice should be upheld. (Look in the Blue Pages of the phone book under "Court Registries.") The court staff tenant will explain your options after you have filed the orderthen be given a chance to present their own evidence and defend their housing.
===Mistakes in '''Negotiating a settlement:''' The arbitrator may suggest that you and your landlord negotiate a settlement during the arbitrator's decision===hearing. Do not feel pressured to agree to a settlement unless you are completely satisfied with the terms.
You '''Behaviour:''' Participating in a dispute resolution hearing can ask be an arbitrator emotional experience, but it is important to correct always act in a mistake professional manner and not interrupt anyone while they are speaking. Instead, write down your questions or concerns so that you can address them later. Speak clearly and respectfully to both the arbitrator and your landlord, and never raise your voice or use inappropriate language. Bad behaviour could hurt your credibility and, in the decision within 15 days turn, your chances of receiving itwinning your hearing. For example, if If you won believe it will be difficult to remain professional at dispute resolution but there is no mention of getting your $100 filing fee backhearing, it may be consider asking a mistake. You can also ask for reasons for the decisionfriend, family member, if they are missing or not clear. You must fill out a form from the Residential Tenancy Branch called [http://www.rto.gov.bc.ca/documents/RTB-6.pdf Request for Correction] or [http://www.rto.gov.bc.ca/documents/RTB-38.pdf Request for Clarification]legal advocate to help you present your case.
== Review =End of a dispute resolution decision the hearing===
In some casesAt the end of the hearing, the arbitrator may inform you of their decision or they may be able decide to take more time to review the evidence. According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section77 section 77] of the ''Residential Tenancy Act'', arbitrators are required to get reach a dispute resolution decision reviewedwithin 30 days. (This is not an appeal.) You cannot apply for another dispute resolution hearing because you didn't like the For hearings about eviction notices and other urgent matters, arbitrators will usually make their decisionwithin a few days.
===Reasons for review=Collecting money from your landlord==
You can apply for review at Arbitrators have the Residential Tenancy Branch for the following reasons:*You could not attend the original hearing because something happened power to issue orders that you did not expect and was beyond your control. For example, your car broke down on the way require one person to pay money to the hearing or you had a medical emergencyanother person. You will need evidence, such as A landlord could be issued a receipt from a towing company or a note from a doctor.*You have new evidence that was monetary order if their tenant has not available when paid the original hearing was held. The evidence must rent, while a tenant could be related to the issues being raised in the hearing. For example, you applied for issued a repair monetary order and a building inspector’s report was only available after the hearing.*You have evidence that the arbitrator’s decision was obtained by fraud. When a person lies to the arbitrator, this is called fraud. You must provide proof of the fraud and show how it influenced if their landlord has broken the decisionlaw.
If you don't meet the grounds for review at the Residential Tenancy Branch(RTB) monetary orders are legally-binding, which means the person who is required to pay must follow through with the payment. If you may be able have obtained a monetary order that your landlord refuses to apply for a judicial review at pay, you will have to enforce that order in Small Claims Court, since the Supreme RTB cannot enforce their own orders. A Small Claims Court of BCjudge could help you get paid by garnishing your landlord’s wages or placing a lien on their property. Visit TRAC’s webpage, [http://tenants.bc.ca/enforcing-a-monetary-order/ Enforcing a Monetary Order] for more information.
===Where do I apply?=Reviewing a dispute resolution hearing decision==
You can apply for a dispute resolution review at the ===Residential Tenancy Branch in Burnaby. If you can't access this office, you can apply through a Service BC centre close to where you live. Go to the [http://www.servicebc.gov.bc.ca/ Service BC website] to see locations.Correction and Clarification===
===Fee===If a decision is unclear or contains a mistake, you can submit a [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb6.pdf “Request for Correction”] or [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb38.pdf “Request for Clarification”] form to the Residential Tenancy Branch (RTB), free of charge. You will most likely not have to notify your landlord of this application, unless an arbitrator instructs you to do so.
Applying for a review For some types of issues, such as the following, there is a dispute resolution order will cost you $50. If you didn't have 15-day deadline to pay a fee for your original hearing, apply from the date you won't have receive the decision:* the decision is too complex or ambiguous and needs to pay a fee for be clarified;* the decision contains an obvious error; or* something was accidentally left out of the review hearing eitherdecision.
===The application form===For other types of issues, such as the following, the 15-day deadline may not apply:* the decision has a typo;* order has grammatical errors; or* the decision has a math error.
You must fill out a form called It can sometimes be challenging determining when the 15-day deadline applies. See RTB [httphttps://www.rtowww2.gov.bc.ca/documentsassets/gov/RTBhousing-and-tenancy/residential-tenancies/policy-2guidelines/gl25.pdf Application for Review ConsiderationPolicy Guideline 25]. An information officer with the Residential Tenancy Branch can explain the form, or you can call the and [http://www.clicklaw.bcbclaws.ca/helpmapEPLibraries/bclaws_new/servicedocument/1085 Tenant Information LineID/freeside/00_02078_01#section78 section 78] of the ''Residential Tenancy Act (RTA)'' for more information. It is important to fully answer the questions on the application and provide evidence of your reasons for wanting a review.
===Time limitsResidential Tenancy Branch Review Consideration===
You need can ask the Residential Tenancy Branch (RTB) to apply for review a review:*within 2 days of the date decision that you received an arbitrator's decision for early termination or an order of possession, or an order regarding assigning or subletting a tenancy, or have lost. This is not a landlord's notice chance to end a tenancy for nonsimply re-payment of rentargue your case,*within 5 days as reviews are only granted in limited circumstances. [i Section 79(2)] of the date you received ''RTA'' lists three situations where the RTB may accept an arbitrator's decision [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for a repair, or for a notice Review Consideration]:# A person was unable to end attend the tenancy,hearing for reasons unanticipated and beyond their control. *within 15 days # There is new evidence that was not available at the time of the date you receive an arbitrator's hearing, and would have influenced the original decision for any .# The other type of dispute resolution hearingparty intentionally used fraud to get the outcome they desired.
If '''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application is submitted after fee waived for the deadline, the arbitrator will decide whether or not to accept itoriginal hearing.
===Who will look at my '''Deadlines:''' There are different application?===deadlines, depending on the nature of the dispute. For the following types of decisions, there is a two-day deadline from the time you receive the decision:* unreasonable withholding of consent to assign or sublet;* eviction for non-payment of rent;* order of possession for the tenant or the landlord; and* application to end a tenancy early.
The review could be considered by any arbitrator, including the one who conducted For the original hearing. The arbitrator will consider only your applicationfollowing types of decisions, new evidence that you provide, and the records there is a five-day deadline from the original hearing. You won’t be able to speak to time you receive the arbitrator about your application. The arbitrator can refuse your application if you do not have grounds (good enough reasons) decision:* repairs or maintenance;* services or facilities; and* any eviction notice other than one for reviewnon-payment of rent.
===What happens to For all other types of decisions, there is a 15-day deadline from the time you receive the original decision?===. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section80 section 80] of the ''RTA'' for more information.
Applying for ===BC Supreme Court judicial review does not automatically stop the decision. The arbitrator may decide to suspend the original decision until the review is complete. This will stop the landlord from enforcing the order. For example, if the original decision was to end your tenancy, the arbitrator may allow you to stay in your place until the review is complete.===
===Serving notice to If your landlord===RTB hearing or decision was unfair, but your situation does not fit the eligibility criteria for a RTB Review Consideration, you can apply for a judicial review through BC Supreme Court.
If the arbitrator approves your application, you will receive written notice The RTB is considered an expert tribunal on matters of residential tenancy law. This means that there will be a review. You must deliver the notice about the standard of review within three days. There are two ways to serve the notice:*'''In person''': Bring for RTB decisions is quite high; a BC Supreme Court judge can only set aside a witness who has read the documents when you give them RTB decision if they find it to the landlord. You must give the documents to the landlord within three days.*'''Send by registered mail''': Keep the receipt from the post office to prove you sent the notice. Mail the documents to the landlord as soon as you receive thembe procedurally unfair, patently unreasonable, or blatantly incorrect.
===What When you participate in a RTB dispute resolution hearing, you have the right to natural justice – also known as procedural fairness. This means that the arbitrator can do===must allow you a fair opportunity to know the case against you, present evidence, and argue your side of the story. In addition, [http://www.bclaws.ca/civix/document/id/complete/statreg/04045_01#section58 section 58] of the ''Administrative Tribunals Act'' defines a decision as being “patently unreasonable” if it:* is exercised arbitrarily or in bad faith;* is exercised for an improper purpose;* is based entirely or predominantly on irrelevant factors; or* fails to take statutory requirements into account.
The arbitrator reviewing the decision can:*make If a BC Supreme Court judge finds a decision based on the written materialto be procedurally unfair, like your applicationpatently unreasonable, new evidence and written statements provided by you or your landlordblatantly incorrect,*suspend they will usually order a new dispute resolution hearing at the original RTB, rather than reach a new decision until the on their own. This means that even if you are successful in your judicial review application, there is complete, or*hold another hearing where no guarantee you and will win your landlord are asked to participatenew hearing at the RTB.
===Judicial review at Supreme Court==='''Fee:''' $200
You can ask for a review of the arbitrator’s decision at a judicial review at the Supreme Court of BC. This is your only option for review if'''Deadline:*your case does not meet ''' 60 days from the grounds for review of a arbitrator's decision provided by date the Residential Tenancy Branch, or*you want to challenge a arbitrator's RTB decision resulting from a reviewwas made.
You will probably need a lawyer to represent you in a judicial review. It costs money to apply unless you are considered low income. If you lose, the court could order you to pay the landlord's legal costs. Get legal advice before applying for judicial review. ''Key referral:''' The [http://www.clasbc.net/ Community Legal Assistance Society (CLAS) website] has some information is an expert organization on preparing for the topic of judicial review. If you are a tenant whose housing is at risk because you lost your dispute resolution hearing, or you can call CLAS at 604-685-3425 or toll-may be able to provide free at 1assistance with a judicial review application. They also offer an online [https://judicialreviewbc.ca/ Judicial Review Self-888-685-6222Help Guide].
==Legislation and links==
Andrew Sakamoto
110
edits
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