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Difference between revisions of "Dispute Resolution for Tenants"
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Dispute Resolution for Tenants (view source)
Revision as of 19:36, 24 January 2014
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*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. | ||
If your application is submitted after the deadline, the dispute resolution officer will decide whether or not to accept it. | |||
===Who will look at my application?=== | |||
The review could be considered by any dispute resolution officer, including the one who conducted the original hearing. The dispute resolution officer will consider only your application, new evidence that you provide, and the records from the original hearing. You won’t be able to speak to the dispute resolution officer about your application. The dispute resolution officer can refuse your application if you do not have grounds (good enough reasons) for review. | |||
===What happens to the original decision?=== | |||
Applying for review does not automatically stop the decision. The dispute resolution officer 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 dispute resolution officer may allow you to stay in your place until the review is complete. | |||
===Serving notice to your landlord=== | |||
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.''' 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. | |||
===What the dispute resolution officer can do=== | |||
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, | |||
*suspend the original decision until the review is complete, | |||
*hold another hearing where you and your landlord areasked to participate. | |||
===Judicial Review at Supreme Court=== | |||
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, | |||
*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''', toll-free '''1-888-685-6222'''. | |||
