Difference between revisions of "Dispute Resolution for Tenants"

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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 ==

===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

business days before the hearing.

===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, 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===

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===

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. Don’t interrupt. Your behaviour in the hearing can influence the dispute resolution officer’s decision.

===Take an interpreter===

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 ==

Dispute resolution hearings are increasingly being held by conference call. They are the same as in-person hearings except that you attend by phoning in to the Residential Tenancy Branch. When you apply for a dispute resolution hearing you will be given a hearing package. The first page of the package 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 to the conference call. (Dial carefully. If you make a mistake you could miss the hearing.)

*Try to call about one minute before the hearing time, but not more than five minutes before the hearing. If you call too early you won’t be able to access the call.

*When you are connected to the call you will hear a message telling you that you are part of a conference call and that you should wait for other participants to come on the line.

*The dispute resolution officer may come on the line late if held up in another hearing. Do not hang up. Wait on the line so that the dispute resolution officer 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 your problem. (Calling the Branch directly will mean waiting on hold and potentially missing your hearing.)

===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 Branch’s permission to take money off your rent to pay for repairs.

== 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 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 resolutionofficer’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]

@@ Line 80: / Line 80: @@
 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 ==
+===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
+business days before the hearing.
+===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, 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===
+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===
+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. Don’t interrupt. Your behaviour in the hearing can influence the dispute resolution officer’s decision.
+===Take an interpreter===
+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 ==
+Dispute resolution hearings are increasingly being held by conference call. They are the same as in-person hearings except that you attend by phoning in to the Residential Tenancy Branch. When you apply for a dispute resolution hearing you will be given a hearing package. The first page of the package 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 to the conference call. (Dial carefully. If you make a mistake you could miss the hearing.)
+*Try to call about one minute before the hearing time, but not more than five minutes before the hearing. If you call too early you won’t be able to access the call.
+*When you are connected to the call you will hear a message telling you that you are part of a conference call and that you should wait for other participants to come on the line.
+*The dispute resolution officer may come on the line late if held up in another hearing. Do not hang up. Wait on the line so that the dispute resolution officer 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 your problem. (Calling the Branch directly will mean waiting on hold and potentially missing your hearing.)
+===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 Branch’s permission to take money off your rent to pay for repairs.
+== 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 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 resolutionofficer’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]

Difference between revisions of "Dispute Resolution for Tenants"

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