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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 18:36, 24 January 2014
, 18:36, 24 January 2014→Filling out the application form
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*If you paid the $50 filing fee, check off the box that says you want to recover the cost of the filing fee from your landlord. | *If you paid the $50 filing fee, check off the box that says you want to recover the cost of the filing fee from your landlord. | ||
*Include copies of evidence you will use in the hearing with the application. You can also provide it later, as long as you give copies to the landlord and dispute resolution officer at least five business days before the hearing, not including holidays or weekends. | *Include copies of evidence you will use in the hearing with the application. You can also provide it later, as long as you give copies to the landlord and dispute resolution officer at least five business days before the hearing, not including holidays or weekends. | ||
===Serving notice to your landlord=== | |||
The Residential Tenancy Branch will give you a package of documents once you apply for dispute resolution. The package will include the date of your hearing, important information about serving documents and include extra copies of the documents for the landlord. You must serve the documents to your landlord right away. | |||
====There are two ways to serve the documents:==== | |||
*'''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. | |||
== Applying for dispute resolution as a group == | |||
If you and your neighbours have the same problem with the same landlord, the law says you can apply for dispute resolution as a group. For example, if several tenants have a problem with the heating in a building you can all apply for a repair and service order together. Tenants who apply for dispute resolution as a group will have to pay the $50 filing fee plus $25 for each tenant who joins the application. Only one hearing will be held. Not everyone in the group will need to attend the hearing. To apply, you and your neighbours need to fill out forms available from the Residential Tenancy Branch. Call the [[Residential Tenancy Branch]] or the [http://www.tenants.bc.ca/main/?home Tenant Information Line] for more information. | |||
== How to prepare for a hearing == | |||
You can represent yourself at the hearing. You need to present evidence to the dispute resolution officer to tell your side of the story. Your landlord can also present evidence. The dispute resolution officer will make a final decision based on this evidence, so it’s important to prepare your case well and have all your evidence with you. The hearings are only scheduled for one hour from start to finish so it is important that you are organized and that you stay on topic. | |||
===Getting help=== | |||
Government cutbacks to legal aid mean that you can no longer receive legal aid representation for dispute resolution hearings. Many community groups have also had to cut back services. (See the [[Other Resources sectoin]] for groups that are still helping tenants at dispute resolution hearings.) You may need to be prepared to represent yourself at a hearing. If you aren’t fluent in English, you can bring someone who is fluent in English to the hearing to interpret for you. | |||
===Getting organized=== | |||
Make a list of the most important points you want to make at the dispute resolution hearing. Organize these points in the order that they happened. Getting evidence If you have witnesses, it is best if they come to the hearing. If they can't come in person, get a sworn statement. This is your witness' description of what happened, sworn before a lawyer or Notary Public. This will cost you money. | |||
If your hearing is held over the telephone, your witnesses can participate. Give the names and phone numbers of your witnesses to the Residential Tenancy Branch before the hearing. Make sure you talk to your witnesses beforethe hearing. They need to know what questions you are going to ask them. And you need to know what answers they are going to give! | |||
You can also bring letters, receipts, photographs, audio and video tapes to the dispute resolution hearing. If you need equipment to play a video or audio tape, you must tell the Residential Tenancy Branch in advance. If you are seeking a monetary order, please use the Residential Tenancy Branch [http://www.rto.gov.bc.ca/documents/RTB-37.pdf Monetary Order Worksheet]. You should | |||
provide copies of your papers and photographs to the Residential Tenancy Branch and landlord at least five business days before the hearing. (If the hearing will be held by phone, you must send copies of your evidence to them in advance.) Your landlord must do the same. If your evidence is only made available at the hearing, the landlord can ask for the hearing to be held at a later | |||
date. The dispute resolution officer may refuse to consider evidence brought at the last minute. | |||
===Practice presenting your case=== | |||
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. | |||