Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 1, 2022}} | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
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Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see RTA, s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution under the RTA. The exceptions are as follows: | Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see RTA, s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution under the RTA. The exceptions are as follows: | ||
* | |||
* | * The dispute is linked substantially to a matter that is before the Supreme Court; or | ||
* The monetary claim exceeds the monetary limit prescribed in the Small Claims Act, RSBC 1996, c. 430, s 3. (Currently the monetary limit is $35,000.) | |||
* As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following: | |||
** Questions of constitutional law, and | |||
** Issues arising out of the BC Human Rights Code | |||
As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following: | As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following: | ||
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Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. The Arbitrator is not bound by decisions of other Arbitrators but is bound by legal precedent established by the court. The Arbitrator makes the decision based on the merits of the case. An Arbitrator has authority to arbitrate disputes referred by the director to the Arbitrator, and any matters related to disputes that arise under the RTA or a tenancy agreement. Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute. They can record agreements reached by the parties, sign off on the agreement, and record the settlement order. Except as otherwise provided by the RTA, a decision of the director is final and binding (s 77(3)). | Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. The Arbitrator is not bound by decisions of other Arbitrators but is bound by legal precedent established by the court. The Arbitrator makes the decision based on the merits of the case. An Arbitrator has authority to arbitrate disputes referred by the director to the Arbitrator, and any matters related to disputes that arise under the RTA or a tenancy agreement. Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute. They can record agreements reached by the parties, sign off on the agreement, and record the settlement order. Except as otherwise provided by the RTA, a decision of the director is final and binding (s 77(3)). | ||
:'''NOTE:''' Arbitrators are not required to have any formal legal training (though some may). Students intending to make legal arguments should be prepared to do so using as much plain language as possible. | |||
===''' 3. Joint Hearings '''=== | ===''' 3. Joint Hearings '''=== | ||
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A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an Application for Dispute Resolution. Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. The form is available at an RTB office or a Service BC office or online at the RTB website. Note that there are separate forms for the landlord and the tenant. | A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an Application for Dispute Resolution. Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. The form is available at an RTB office or a Service BC office or online at the RTB website. Note that there are separate forms for the landlord and the tenant. | ||
:'''NOTE:''' At the onset of the COVID-19 Pandemic, all Service BC locations in Metro Vancouver began offering “limited services”. At that time, they stopped accepting in-person RTB applications, leaving the RTB’s Burnaby head office as the only location to make such applications. As of May 2022, these locations were still only offering limited service. Be sure to check the status of Service BC locations in Metro Vancouver before advising a client to attempt an in-person application. | |||
An Information Officer at the RTB must check the form. This is best done in person. Clients who cannot go to an RTB office can file applications at a local Service BC office. Online applications may be paid for over the Internet with a credit card or an online debit card, but if you wish to apply for a fee waiver you must also upload proof of income through the Online Portal, or submit it in person. The Downtown Eastside office only accepts applications where a fee waiver applies. Those offices do not handle money payments. The application will not be accepted until the applicant has paid $100 (by cash, or money order or certified cheque payable to the Minister of Finance) or submitted the documents required for a fee waiver. Any corrections or clarifications will need to be completed as well. People on income assistance or whose incomes fall below the low-income guidelines can apply to have the fee waived if they provide proof of their income status. The applicant is usually informed of the date of the hearing within a few days. The RTB created a Monetary Order Worksheet which should be completed when applying for a monetary order. The worksheet number is available online at http://bit.ly/1ToyRm9. | An Information Officer at the RTB must check the form. This is best done in person. Clients who cannot go to an RTB office can file applications at a local Service BC office. Online applications may be paid for over the Internet with a credit card or an online debit card, but if you wish to apply for a fee waiver you must also upload proof of income through the Online Portal, or submit it in person. The Downtown Eastside office only accepts applications where a fee waiver applies. Those offices do not handle money payments. The application will not be accepted until the applicant has paid $100 (by cash, or money order or certified cheque payable to the Minister of Finance) or submitted the documents required for a fee waiver. Any corrections or clarifications will need to be completed as well. People on income assistance or whose incomes fall below the low-income guidelines can apply to have the fee waived if they provide proof of their income status. The applicant is usually informed of the date of the hearing within a few days. The RTB created a Monetary Order Worksheet which should be completed when applying for a monetary order. The worksheet number is available online at http://bit.ly/1ToyRm9. | ||
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In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application. | In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application. | ||
To amend an application for dispute resolution, the applicant completes the RTB-42 “Amendment to an Application for Dispute Resolution” form and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than 14 days before the hearing. Note that, as the application must be served on each party 14 days before the hearing, and it takes time to have the application approved, it is advisable to submit an application to amend as soon as possible so as to meet these deadlines. | To amend an application for dispute resolution, the applicant completes the RTB-42 “Amendment to an Application for Dispute Resolution” form and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than '''14 clear days''' before the hearing. Note that, as the application must be served on each party '''14 clear days''' before the hearing, and it takes time to have the application approved, it is advisable to submit an application to amend as soon as possible so as to meet these deadlines. | ||
To learn more about amending an application, see: | To learn more about amending an application, see: | ||
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These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings. | These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings. | ||
:'''NOTE:''' Prior to an arbitration hearing, an Information Officer may assist landlords and tenants by providing information about the procedure for resolving disputes but will not help complete forms. | |||
====''' a) Telephone Hearings '''==== | ====''' a) Telephone Hearings '''==== | ||
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===''' 1. Enforcing a Monetary Order '''=== | ===''' 1. Enforcing a Monetary Order '''=== | ||
The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (RTA, s 67). '''Enforcement of the order is the sole responsibility of the applicant'''. If the monetary order is in favour of a '''tenant''' still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (RTA, s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a landlord still holding part | The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (RTA, s 67). '''Enforcement of the order is the sole responsibility of the applicant'''. If the monetary order is in favour of a '''tenant''' still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (RTA, s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a landlord still holding all or part of the security deposit paid by the tenant, it may be deducted from the tenant’s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time. | ||
If the other party still does not pay, the order can be filed in the Small Claims Court. | If the other party still does not pay, the order can be filed in the Small Claims Court. | ||
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====''' c) Role of the Police '''==== | ====''' c) Role of the Police '''==== | ||
Neither the police nor the RCMP has the authority to evict tenants. However, a court bailiff can forcibly evict a tenant on behalf of the landlord. The police may attend the occasion to prevent | Neither the police nor the RCMP has the authority to evict tenants. However, a court bailiff can forcibly evict a tenant on behalf of the landlord. The police may attend the occasion to prevent a breach of peace but they cannot play any role in evicting the tenant. However, the police will attend and remove the tenant if required to do so by the court bailiff. | ||
===''' 4. Non-Compliance '''=== | ===''' 4. Non-Compliance '''=== | ||