Dispute Resolution for Tenants - Revision history

Nate Russell: Retired Tenant Survival Guide page; directing readers to current TRAC resource

2026-04-01T19:33:44Z

Retired Tenant Survival Guide page; directing readers to current TRAC resource

Andrew Sakamoto: /* Fee */

2024-06-18T20:47:23Z

Fee

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	===Fee===		===Fee===

	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 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~~.		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 low income or are enrolled in an income assistance program, you can apply for a [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/fees-and-fee-waivers#low-income-fee-waiver fee waiver application] that cancels the fee entirely. Applicants are no longer required to provide proof of eligibility when requesting a fee waiver.

	===Time limits===		===Time limits===

Andrew Sakamoto: /* Residential Tenancy Branch Review Consideration */

2023-11-07T18:51:15Z

Residential Tenancy Branch Review Consideration

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	# the arbitrator determined an issue that they did not have jurisdiction to determine.		# the arbitrator determined an issue that they did not have jurisdiction to determine.

			In addition, the RTB now has the power to conduct a review on its own initiative, rather than waiting for a party to apply.

	'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.		'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

Andrew Sakamoto: /* Residential Tenancy Branch Review Consideration */

2023-11-07T18:50:46Z

Residential Tenancy Branch Review Consideration

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	# a party has new and relevant evidence that was not available at the time of the original hearing;		# a party has new and relevant evidence that was not available at the time of the original hearing;
	# a party has evidence that the the decision or order was obtained by fraud;		# a party has evidence that the the decision or order was obtained by fraud;
	# a party, ~~because of~~ circumstances that could not be anticipated and were beyond ~~the party’s~~ control, submitted material evidence ~~late~~, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);		# a party, due to circumstances that could not be anticipated and were beyond their control, submitted material evidence after the deadline, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
	# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);		# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
	# the arbitrator did not determine an issue that they were required to determine; and		# the arbitrator did not determine an issue that they were required to determine; and

Andrew Sakamoto: /* Residential Tenancy Branch Review Consideration */

2023-11-02T22:05:52Z

Residential Tenancy Branch Review Consideration

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	You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:		You can ask the Residential Tenancy Branch (RTB) to review a decision that you have lost. This is not a chance to simply re-argue your case, as reviews are only granted in limited circumstances. [i Section 79(2)] of the ''RTA'' lists three situations where the RTB may accept an [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb2.pdf Application for Review Consideration]:
	# ~~A person~~ was unable to attend ~~the~~ hearing for reasons unanticipated and beyond their control.		# a party was unable to attend any part of a hearing for reasons unanticipated and beyond their control (e.g. phone disconnection issues);
	# ~~There is~~ new evidence that was not available at the time of the hearing, and ~~would have influenced~~ the original ~~decision~~.		# a party has new and relevant evidence that was not available at the time of the original hearing;
	# ~~The other party intentionally used fraud~~ to ~~get~~ the ~~outcome~~ they ~~desired~~.		# a party has evidence that the the decision or order was obtained by fraud;
			# a party, because of circumstances that could not be anticipated and were beyond the party’s control, submitted material evidence late, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
			# there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
			# the arbitrator did not determine an issue that they were required to determine; and
			# the arbitrator determined an issue that they did not have jurisdiction to determine.


	'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.		'''Fee:''' There is a $50 fee to apply for a Review Consideration, unless you had your application fee waived for the original hearing.

Desy Wahyuni: moved {{REVIEWED}} to top of page

2019-01-10T20:08:15Z

moved {{REVIEWED}} to top of page

← Older revision		Revision as of 20:08, 10 January 2019
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	{{Tenant Survival Guide TOC}}		{{Tenant Survival Guide TOC}}
			{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2018}}
	'''DO:''' 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.		'''DO:''' 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.

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	~~{{REVIEWED \| reviewer = [[Tenant Resource & Advisory Centre]], 2018}}~~

	{{Tenant Survival Guide Navbox}}		{{Tenant Survival Guide Navbox}}

Andrew Sakamoto: /* Deadlines to submit evidence */

2018-12-20T18:58:14Z

Deadlines to submit evidence

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	The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.		The person applying for dispute resolution – the “applicant” – should do their best to submit evidence with their application. If that is not possible, the RTB and the respondent must receive the evidence at least 14 days before the hearing. Evidence should always be submitted as soon as possible, as arbitrators have the right to refuse evidence that was intentionally submitted later than it could have been.

	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 not consider it.		The person responding to the application – the “respondent” – must ensure that all their evidence is received by the RTB and the applicant at least seven days before the hearing. Again, if evidence submission is intentionally delayed, the arbitrator may decide to not consider it.

	'''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 consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to 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 the Rules of Procedure for more information.		'''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 consider the evidence at the hearing. For example, the evidence may have only become available after the evidence deadline. If your landlord brings up evidence during a hearing that you did not receive on time, you can ask the arbitrator to not consider it, or to 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 the Rules of Procedure for more information.

Andrew Sakamoto: /* Applying for dispute resolution */

2018-12-20T18:57:44Z

Applying for dispute resolution

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	===How to apply===		===How to apply===

	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 the hardcopy application process, the online system offers several benefits, including:		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 the hardcopy application process, the online system offers several benefits, including:
	* the ability to upload evidence online;		* the ability to upload evidence online;
	* the ability to apply for fee waiver applications online;		* the ability to apply for fee waiver applications online;

Andrew Sakamoto: /* Digital Evidence */

2018-12-20T18:32:24Z

Digital Evidence

← Older revision		Revision as of 18:32, 20 December 2018
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	===Digital Evidence===		===Digital Evidence===

	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 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''.		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 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 ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]''.

	When submitting digital evidence, you should ensure that your evidence is 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 evidence, logical numbering systems for photographs, a time code for the key point in any audio 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. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.		When submitting digital evidence, you should ensure that your evidence is 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 evidence, logical numbering systems for photographs, a time code for the key point in any audio 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. This form will help keep your evidence organized for the arbitrator, and ensure you follow the required steps for service.

Andrew Sakamoto: /* Rules of Procedure and Policy Guidelines */

2018-12-20T18:31:50Z

Rules of Procedure and Policy Guidelines

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	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.		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.

	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.		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 ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act]'', and are often referred to by arbitrators when making decisions.

	==Resolving disputes without dispute resolution==		==Resolving disputes without dispute resolution==