Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"

'''NOTE:''' If a successful party has any concerns about the ability to serve an order, he or she should request an order under RTA, s 71(1)  permitting alternate means of service. An example of such an order would be one that permits serving a document at a tenant’ s workplace rather than at their new home.  

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 or all 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 a landlord fails to make repairs as ordered by an Arbitrator, the tenant can apply for an order requiring compliance. The order to comply  may include an order that the landlord reduces the rent until the repairs are complete.   

The purpose of an Order of Possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the Order of Possession to '''each person''' named in the order. The best way to do this is to hand the copy to the other parties personally or by registered mail. The RTA also permits for the Order of Possession to be posted on the tenant’s door. The tenant should be asked to move out of  the rental unit within the time period given in the order. If a tenant does not comply with the order, the landlord must notattempt to physically remove the tenant by his or her own means (RTA, s 57(1)(2)), as this is unlawful. Bailiff services, described below, can be used to lawfully remove the tenant.  

In the event that the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must fill out a Writ of Possession and an Affidavit (re: service) and take these completed forms with the Order of Possession to the Supreme Court. Once the documents are filed and stamped in the Supreme Court, the landlord may contact a court bailiff service. The Writ of Possession is then ready to be executed by the court bailiff.  

Under s 9 of the ''Sheriff Act'', '''RSBC''' 1996, c. 425, the landlord is required to give a deposit to the court bailiff against the costs  of the execution of the writ. This deposit varies depending on the size of the rental unit. For example, $1,100 for a one-bedroom and $3,000 for a five-bedroom house will be required as a deposit for executing a seizure.

The bailiff consults with the landlord to discuss attempting a “soft” eviction, which gives the tenant a chance to vacate on their own; this is  generally what occurs. Tenants are generally allowed three to four days to vacate under a “soft” eviction.       

If the bailiff executes a “hard” eviction, the bailiff enters the rental unit and removes the belongings, as well as the tenant if necessary. It is the responsibility of the bailiff to ensure that all of the tenant’s belongings are safe and secure in storage. The bailiff may seize tenant’s possessions to sell in order to compensate the bailiff for the cost of the eviction.   

'''NOTE:'''               Sometimes third parties who are not named in the order (i.e. roommates) have their goods seized together with the tenant’s. It is  important to inform the Bailiff as soon as possible what goods do not belong to the tenant. These goods can usually be returned to the third party if he or she is not named in the order.  

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 the 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.