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Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"
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Dispute Resolution in Residential Tenancies (19:X) (view source)
Revision as of 20:24, 8 August 2016
, 20:24, 8 August 2016→D. Serving Documents: Giving and Receiving Notice under the RTA
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*e) transmitting a copy by fax to a fax number provided by the tenant. | *e) transmitting a copy by fax to a fax number provided by the tenant. | ||
The document is deemed “received” when it is personally served. If the document is served by | The document is deemed “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 or faxing, or leaving it in a mailbox (RTA, s 90). | ||
'''NOTE:''' These are '''rebuttable''' presumptions. If the respondent does not attend the hearing, service | '''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. | ||
Sliding the documents under a door or emailing them does not constitute service. The RTB Arbitrator | 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 === | === 2. Service to Landlord === | ||
A | 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)); | *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)); | *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)); | ||
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*d) transmitting a copy by fax to a fax number provided by the landlord (s 88(h)). | *d) transmitting a copy by fax to a fax number provided by the landlord (s 88(h)). | ||
The | 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 | '''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 | 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) === | === 3. Documents for Dispute Resolution (Notice of Hearing Package) === | ||
A | 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: | A landlord must (s 89) serve the Notice of Hearing package on the tenant by: | ||
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*by sending a copy by registered mail to the address at which the tenant lives. | *by sending a copy by registered mail to the address at which the tenant lives. | ||
If | 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 | *leaving a copy with the landlord, or an agent of the landlord, in person; or | ||
*by | *by sending a copy by registered mail to the address at which the landlord resides, or at which the landlord carries on business. | ||
When | 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. | ||
=== 4. Documents | === 4. Documents on Application for Review of a Decision or Order of an Arbitrator === | ||
If a party is successful in his or her Application for Review, that person will receive a written decision from the Arbitrator ordering the review to proceed. This may be nothing more than an | If a party is successful in his or her Application for Review, that person will receive a written decision from the Arbitrator ordering the review to proceed. This may be nothing more than an amended decision, or it may be a decision confirming suspension of the previous order and setting a date to reconvene for a new hearing. This Arbitrator’s decision (permitting review) must be served on the other side within three days of being received by the person who applied for review. The same method of service must be used as outlined immediately above for a Notice of Hearing package (see RTA ss 86 and 61(5) and [[{{PAGENAME}}#4. The Arbitrator’s Decisions | Section X.B.4: The Arbitrator’s Decisions). | ||
=== 5. Other Exceptions to General Service of Documents === | === 5. Other Exceptions to General Service of Documents === | ||
An | An application by a landlord for an order of possession for the landlord or landlord’s application for an order ending tenancy early must be given to the tenant under special rules: see RTA s 89(2). | ||
== E. Review of Arbitrator’s Decision == | == E. Review of Arbitrator’s Decision == | ||