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Dispute Resolution for Tenants (view source)
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{{DEMOWARNING}} | {{DEMOWARNING}} | ||
{{Tenant Survival Guide TOC}} | {{Tenant Survival Guide TOC}} | ||
''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? == | == What is dispute resolution? == | ||
Tenants in BC are protected by the ''[[Residential Tenancy Act]] | 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 and procedures=== | ||
[http://www.rto.gov.bc.ca/documents/2005.pdf Rules of Procedure] are posted on the Residential Tenancy Branch | [http://www.rto.gov.bc.ca/documents/2005.pdf Rules of Procedure] are posted on the Residential Tenancy Branch website. 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=== | ===Time limits=== | ||
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===Early Resolution=== | ===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 | 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. | ||
==How to apply== | |||
== Where do I apply? == | === Where do I apply? === | ||
You can apply for a dispute resolution hearing at the Residential Tenancy Branch. There are Branch offices in Burnaby, Victoria, and Kelowna. If there is no office in your area, you can apply through the Government Agent, or Service BC Centre close to where you live (look in the blue pages of the phone book, under | You can apply for a dispute resolution hearing at the Residential Tenancy Branch. There are Branch offices in Burnaby, Victoria, and Kelowna. If there is no office in your area, you can apply through the Government Agent, or Service BC Centre close to where you live (look in the blue pages of the phone book, under "Government of BC" or go to the [http://www.servicebc.gov.bc.ca/ Service BC website]. | ||
===Fee=== | ===Fee=== | ||
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===Filling out the application form=== | ===Filling out the application form=== | ||
You must fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant’s Application for Dispute Resolution]. When you are applying for dispute resolution, you are the "applicant" and your landlord is the " | You must fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant’s Application for Dispute Resolution]. When you are applying for dispute resolution, you are the "applicant" and your landlord is the "respondent." | ||
*You must write the address of your place where you had the problem. | *You must write the address of your place where you had the problem. | ||
*You need the legal name and the address of the owner of the property if you are making a monetary claim. If you | *You need the legal name and the address of the owner of the property if you are making a monetary claim. If you don't know who the owner is, you can go to the BC Assessment Authority or do a title search at the Land Title Office. You can name the manager or property manager if your application is to resolve a dispute not related to money. | ||
*You need to check off the box on the second page of the form that best describes why you are applying for dispute resolution. The dispute resolution officer will only deal with sections of the law that you write down on the form. | *You need to check off the box on the second page of the form that best describes why you are applying for dispute resolution. The dispute resolution officer will only deal with sections of the law that you write down on the form. | ||
*If you paid the $50 filing fee, check off the box that says you want to recover the cost of the filing fee from your landlord. | *If you paid the $50 filing fee, check off the box that says you want to recover the cost of the filing fee from your landlord. | ||
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The Residential Tenancy Branch will give you a package of documents once you 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 right away. | The Residential Tenancy Branch will give you a package of documents once you 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 right away. | ||
There are two ways to serve the documents: | |||
*'''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. | |||
== Applying for dispute resolution as a group == | == Applying for dispute resolution as a group == | ||
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. Tenants who apply for dispute resolution as a group will have to pay the $50 filing fee plus $25 for each tenant who joins the application. 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.tenants.bc.ca/main/?home Tenant Information Line] for more information. | 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. Tenants who apply for dispute resolution as a group will have to pay the $50 filing fee plus $25 for each tenant who joins the application. 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.tenants.bc.ca/main/?home Tenant Information Line] for more information. | ||
== How to prepare for a hearing == | == How to prepare for a hearing == | ||
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===Getting help=== | ===Getting help=== | ||
Government cutbacks to legal aid mean that you can no longer receive legal aid representation for dispute resolution hearings. Many community groups have also had to cut back services. (See the [[Other Resources for Tenants|Other Resources]] | Government cutbacks to legal aid mean that you can no longer receive legal aid representation for dispute resolution hearings. Many community groups have also had to cut back services. (See the [[Other Resources for Tenants|Other Resources]] section for groups that are still helping tenants at dispute resolution hearings.) You may need to be prepared to represent yourself at a hearing. If you aren't fluent in English, you can bring someone who is fluent in English to the hearing to interpret for you. | ||
===Getting organized=== | ===Getting organized=== | ||
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If your hearing is held over the telephone, your witnesses can participate. Give the names and phone numbers of your witnesses to the Residential Tenancy Branch before the hearing. Make sure you talk to your witnesses beforethe hearing. They need to know what questions you are going to ask them. And you need to know what answers they are going to give! | If your hearing is held over the telephone, your witnesses can participate. Give the names and phone numbers of your witnesses to the Residential Tenancy Branch before the hearing. Make sure you talk to your witnesses beforethe hearing. They need to know what questions you are going to ask them. And you need to know what answers they are going to give! | ||
You can also bring letters, receipts, photographs, audio and video tapes to 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]. You should | You can also bring letters, receipts, photographs, audio and video tapes to 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]. You should provide copies of your papers and photographs to the Residential Tenancy Branch and landlord at least five business days before the hearing. (If the hearing will be held by phone, you must send copies of your evidence to them in advance.) 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. The dispute resolution officer may refuse to consider evidence brought at the last minute. | ||
provide copies of your papers and photographs to the Residential Tenancy Branch and landlord at least five business days before the hearing. (If the hearing will be held by phone, you must send copies of your evidence to them in advance.) 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. The dispute resolution officer may refuse to consider evidence brought at the last minute. | |||
===Practice presenting your case=== | ===Practice presenting your case=== | ||
Once you have gathered the facts and evidence, practice telling your side of the story. Present your case to a friend who can ask questions if some of your points are confusing. You may need to explain something in a different way to make your point clear. | Once you have gathered the facts and evidence, practice telling your side of the story. Present your case to a friend who can ask questions if some of your points are confusing. You may need to explain something in a different way to make your point clear. | ||
== At the hearing == | == At the hearing == | ||
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===Organizing your evidence=== | ===Organizing your evidence=== | ||
This includes your tenancy agreement, letters, notices, photographs, receipts and witnesses. Make sure your papers are in the order you want to present them. Bring two extra copies of the papers and photographs, if you haven't already provided your evidence to the Residential Tenancy Branch and landlord. (If the hearing is on the phone, you must send copies of the papers and photographs to both of them in advance.) If they don’t have this information, the hearing may be put off to another date, or may be held without the evidence. Give copies of your written evidence to the Residential Tenancy Branch and landlord at least five | This includes your tenancy agreement, letters, notices, photographs, receipts and witnesses. Make sure your papers are in the order you want to present them. Bring two extra copies of the papers and photographs, if you haven't already provided your evidence to the Residential Tenancy Branch and landlord. (If the hearing is on the phone, you must send copies of the papers and photographs to both of them in advance.) If they don’t have this information, the hearing may be put off to another date, or may be held without the evidence. Give copies of your written evidence to the Residential Tenancy Branch and landlord at least five business days before the hearing. | ||
business days before the hearing. | |||
[[File:Dispute resolution for tenants.png | right | 75px | frame | link= ]] | [[File:Dispute resolution for tenants.png | right | 75px | frame | link= ]] | ||
===Keep your answers short and to the point=== | ===Keep your answers short and to the point=== | ||
You should only talk about things related to your case. For example, if you are trying to get your damage deposit back, | You should only talk about things related to your case. For example, if you are trying to get your damage deposit back, don't bring up your rude neighbours. Also, hearings are only scheduled for one hour so you do not want to run out of time. | ||
===Only talk about what you know for sure=== | ===Only talk about what you know for sure=== | ||
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. | |||
===Wait your turn=== | ===Wait your turn=== | ||
If your landlord is talking to the dispute resolution officer first, you can write down any questions you may want to ask. When | If your landlord is talking to the dispute resolution officer first, you can write down any questions you may want to ask. When it's your turn, you can make your points. | ||
=== | ===Don't get mad=== | ||
Even if you think your landlord is rude or lying, try to stay calm. | 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 dispute resolution officer's decision. | ||
===Take an interpreter=== | ===Take an interpreter=== | ||
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If you have trouble speaking or understanding English, bring a friend fluent in English who can interpret for you. | If you have trouble speaking or understanding English, bring a friend fluent in English who can interpret for you. | ||
=== | ===Don't be late!=== | ||
Dispute resolution hearings can be very brief. If you're late, they will start the hearing without you. | |||
== Conference call hearings == | == Conference call hearings == | ||
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===The decision=== | ===The decision=== | ||
If a dispute resolution officer decides in your favor, 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 | If a dispute resolution officer decides in your favor, 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. | ||
== Collecting money from the landlord == | == Collecting money from the landlord == | ||
You could be awarded money back from your landlord at the dispute resolution hearing, but your landlord might not pay you. You should write to your landlord enclosing a copy of the order, and asking them to pay. An RTB dispute resolution officer’s order is as serious as any court order. If the landlord | You could be awarded money back from your landlord at the dispute resolution hearing, but your landlord might not pay you. You should write to your landlord enclosing a copy of the order, and asking them to pay. An RTB dispute resolution officer’s order is as serious as any court order. If the landlord doesn't pay, you can file the order at the Small Claims Division of the Provincial Court. (Look in the blue pages of the phone book under "Court Registries.") The court staff will explain your options after you have filed the order. | ||
===Mistakes in the dispute | ===Mistakes in the dispute resolution officer's decision=== | ||
You can ask a dispute resolution officer to correct a mistake in the decision within 15 days of receiving it. For example, if you won at dispute resolution but there is no mention of getting your $50 filing fee back, it may be a mistake. You can also ask for reasons for the decision, 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-6.pdf Request for Clarification]. | |||
== Review of a dispute resolution decision == | == Review of a dispute resolution decision == | ||
In some cases, you may be able to get a dispute resolution decision reviewed. (This is not an appeal.) You cannot apply for another dispute resolution hearing because you | In some cases, you may be able to get a dispute resolution decision reviewed. (This is not an appeal.) You cannot apply for another dispute resolution hearing because you didn't like the decision. | ||
===Reasons for review=== | ===Reasons for review=== | ||
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===Where do I apply?=== | ===Where do I apply?=== | ||
You can apply for a dispute resolution review at the Residential Tenancy Branch. There are Branch offices in Burnaby, Victoria, and Kelowna. If there is no office in your area, you can apply through the Government Agent, or Service BC Centre close to where you live (look in the blue pages of the phone book, under | You can apply for a dispute resolution review at the Residential Tenancy Branch. There are Branch offices in Burnaby, Victoria, and Kelowna. If there is no office in your area, you can apply through the Government Agent, or Service BC Centre close to where you live (look in the blue pages of the phone book, under "Government of BC" or go to the [http://www.servicebc.gov.bc.ca/ Service BC website]. | ||
===Fee=== | ===Fee=== | ||
Applying for a review of a dispute resolution order will cost you $25. If you | Applying for a review of a dispute resolution order will cost you $25. If you didn't have to pay a fee for your original hearing, you won't have to pay a fee for the review hearing either. | ||
===The application form=== | ===The application form=== | ||
You must fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration]. An information | You must fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-2.pdf Application for Review Consideration]. An information officer with the Residential Tenancy Branch can explain the form, or you can call the Tenant Information Line for more information. It is important to fully answer the questions on the application and provide evidence of your reasons for wanting a review. | ||
officer with the Residential Tenancy Branch can explain the form, or you can call the Tenant Information Line 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 limits=== | ===Time limits=== | ||
You need to apply for a review: | You need to apply for a review: | ||
*within 2 days of the date you received a dispute resolution | *within 2 days of the date you received a dispute resolution officer's decision for early termination or an order of possession, or an order regarding assigning or subletting a tenancy, or a landlord's notice to end a tenancy for non-payment of rent, | ||
*within 5 days of the date you received a dispute resolution officer's decision for a repair, or for a notice to end the tenancy, | *within 5 days of the date you received a dispute resolution officer's decision for a repair, or for a notice to end the tenancy, | ||
*within 15 days of the date you receive a dispute resolution officer's decision for any other type of dispute resolution hearing. | *within 15 days of the date you receive a dispute resolution officer's decision for any other type of dispute resolution hearing. | ||
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If the dispute resolution officer approves your application, you will receive written notice that there will be a review. You must deliver the notice about the review within three days. There are two ways to serve the notice: | If the dispute resolution officer approves your application, you will receive written notice that there will be a review. You must deliver the notice about the review within three days. There are two ways to serve the notice: | ||
*'''In person | *'''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 | *'''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. | ||
===What the dispute resolution officer can do=== | ===What the dispute resolution officer can do=== | ||
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The dispute resolution officer reviewing the decision can: | The dispute resolution officer reviewing the decision can: | ||
*make a decision based on the written material, like your application, new evidence and written statements provided by you or your landlord, | *make a decision based on the written material, like your application, new evidence and written statements provided by you or your landlord, | ||
*suspend the original decision until the review is complete, | *suspend the original decision until the review is complete, or | ||
*hold another hearing where you and your landlord areasked to participate. | *hold another hearing where you and your landlord areasked to participate. | ||
===Judicial Review at Supreme Court=== | ===Judicial Review at Supreme Court=== | ||
You can ask for a review of the dispute resolution officer’s decision at a | You can ask for a review of the dispute resolution officer’s decision at a judicial review at the Supreme Court of BC. This is your only option for review if: | ||
*your case does not meet the grounds for review of a dispute resolution officer's decision provided by the Residential Tenancy Branch, or | *your case does not meet the grounds for review of a dispute resolution officer's decision provided by the Residential Tenancy Branch, or | ||
*you want to challenge a dispute resolution | *you want to challenge a dispute resolution officer's decision resulting from a review. | ||
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. The [http://www.clasbc.net/index.php Community Legal Assistance Society (CLAS) website] has some information on preparing for judicial review, or you can call CLAS at 604-685-3425 or toll-free at 1-888-685-6222. | |||
==Legislation and links== | ==Legislation and links== | ||
=== Legislation === | === Legislation === | ||
*''[[Residential Tenancy Act]]'' | *''[[Residential Tenancy Act]]'' | ||
*''[[Manufactured Home Park Tenancy Act]]'' | *''[[Manufactured Home Park Tenancy Act]]'' | ||
=== Links === | === Links === | ||
*[[Residential Tenancy Branch]] | *[[Residential Tenancy Branch]] | ||
*RTB [http://www.rto.gov.bc.ca/documents/2005.pdf Dispute Resolution Rules of Procedure] | *RTB [http://www.rto.gov.bc.ca/documents/2005.pdf Dispute Resolution Rules of Procedure] | ||
*RTB Policy Guideline 16- [http://www.rto.gov.bc.ca/documents/GL16.pdf Claims in Damages] | *RTB Policy Guideline 16 - [http://www.rto.gov.bc.ca/documents/GL16.pdf Claims in Damages] | ||
*RTB Policy Guideline 23- [http://www.rto.gov.bc.ca/documents/GL23.pdf Amending an Application for Arbitration] | *RTB Policy Guideline 23 - [http://www.rto.gov.bc.ca/documents/GL23.pdf Amending an Application for Arbitration] | ||
*RTB Policy Guideline 24- [http://www.rto.gov.bc.ca/documents/GL24.pdf Review Consideration of a Decision or Order] | *RTB Policy Guideline 24 - [http://www.rto.gov.bc.ca/documents/GL24.pdf Review Consideration of a Decision or Order] | ||
*RTB Policy Guideline 25- [http://www.rto.gov.bc.ca/documents/GL25.pdf Request for Clarification or Correction of Orders and Decisions] | *RTB Policy Guideline 25 - [http://www.rto.gov.bc.ca/documents/GL25.pdf Request for Clarification or Correction of Orders and Decisions] | ||
*RTB Policy Guideline 26- [http://www.rto.gov.bc.ca/documents/GL26.pdf Advocates, Agents and Assistants] | *RTB Policy Guideline 26 - [http://www.rto.gov.bc.ca/documents/GL26.pdf Advocates, Agents and Assistants] | ||
*RTB Policy Guideline 36- [http://www.rto.gov.bc.ca/documents/GL36.pdf Extending a Time Period] | *RTB Policy Guideline 36 - [http://www.rto.gov.bc.ca/documents/GL36.pdf Extending a Time Period] | ||
===Resources and forms=== | ===Resources and forms=== | ||
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*RTB [http://www.rto.gov.bc.ca/documents/RTB-6.pdf Request for Correction] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-6.pdf Request for Correction] | ||
*RTB [http://www.rto.gov.bc.ca/documents/RTB-38.pdf Request for Clarification] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-38.pdf Request for Clarification] | ||
{{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | {{REVIEWED | reviewer = [[Tenant Resource & Advisory Centre]], 2012}} | ||