Dispute Resolution in Residential Tenancies (19:XII): Difference between revisions
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Dispute Resolution in Residential Tenancies (19:XII) (view source)
Revision as of 06:03, 3 July 2016
, 3 July 2016→D. Serving Documents: Giving and Receiving Notice under the RTA
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Sliding the documents under a door or emailing them does not constitute service. The RTB Arbitrator or the court may order the document be served in any manner considered necessary, and may order that the document has been sufficiently served on a specified date (RTA, s 71). | Sliding the documents under a door or emailing them does not constitute service. The RTB Arbitrator or the court may order the document be served in any manner considered necessary, and may order that the document has been sufficiently served on a specified date (RTA, s 71). | ||
=== 2. Service to Landlord === | |||
A notice, process, or document is given to a landlord by having it served personally on the landlord or the landlord’s agent, or by mailing it to the landlord or the landlord’s agent (RTA, s 88(a)(b)). Alternate forms of service where service is not possible (due to absence from his or her rental unit or business or evasion) are: | |||
*a) giving it to an adult person who apparently lives with the landlord (s 88(e)); | |||
*b) leaving it in a mailbox or mail slot at the address at which the person carries on business as a landlord (s 88(f)); | |||
*c) posting it to a door or other conspicuous place at the address at which the landlord lives or carries on his or her business (s 88(g)); or | |||
*d) transmitting a copy by fax to a fax number provided by the landlord (s 88(h)). | |||
The document is “received” when it is personally served. If the document is served by an alternate means, it is deemed to have been received on the fifth day after the date of mailing, or on the third day after posting, faxing or leaving it in a mailbox (s 90). | |||
'''NOTE:''' These are '''rebuttable''' presumptions. If the respondent does not attend the hearing, service will come into question, and anything short of personal service may not guarantee a successful hearing if the other party does not show up. | |||
The RTB Arbitrator may order the document to be given in any manner considered necessary, and may order that the document has been sufficiently served on a specified date (s 71). | |||
=== 3. Documents for Dispute Resolution (Notice of Hearing Package) === | |||
A copy of the Application and the Notice of Hearing must be provided to the respondent within three days of filing the application (RTA, s 59(3)). This is done by serving the hearing documents package as prepared by the RTB. | |||
A landlord must (s 89) serve the Notice of Hearing package on the tenant by: | |||
*leaving a copy with the tenant in person; or | |||
*by sending a copy by registered mail to the address at which the tenant lives. | |||
If the tenant cannot be served either way, an order for alternate service of hearing documents should be made under s 89(1)(e). A tenant must (s 89) serve the Notice of Hearing package on the landlord by: | |||
*leaving a copy with the landlord, or an agent of the landlord, in person; or | |||
*by sending a copy by registered mail to the address at which the landlord resides, or at which the landlord carries on business. | |||
When the tenant does not know who may actually be responsible as landlord, it is safest to name and serve all parties who could possibly have a liability. Monetary orders should name the property owner, so a tenant should need to do a title search. The applicant has to prove the documents were properly served. | |||