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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 20:37, 21 November 2022
, 20:37, 21 November 2022→2. Direct Request
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:'''NOTE:''' It is possible that a tenant will receive a Notice of Direct Request in circumstances where they should receive a hearing (e.g. all arrears paid in 5 days, application for dispute resolution filed, legitimate dispute on merits). In such a case, it is imperative that the tenant immediately write to the RTB and request a dispute resolution hearing. The tenant should explain why their case is not appropriately addressed through the direct request process. | :'''NOTE:''' It is possible that a tenant will receive a Notice of Direct Request in circumstances where they should receive a hearing (e.g. all arrears paid in 5 days, application for dispute resolution filed, legitimate dispute on merits). In such a case, it is imperative that the tenant immediately write to the RTB and request a dispute resolution hearing. The tenant should explain why their case is not appropriately addressed through the direct request process. | ||
Once an Order of Possession has been given to the landlord and served to the tenant after a wrongful Direct Request, the tenant should tell the landlord that they are reviewing it, so the landlord can't get a writ from BC Supreme Court; The tenant should file a Review Application to the RTB on the basis of landlord fraud and/or inability to attend the original hearing (See '''Section X. E: Review of Arbitrator’s Decision'''). | Once an Order of Possession has been given to the landlord and served to the tenant after a wrongful Direct Request, the tenant should tell the landlord that they are reviewing it, so the landlord can't get a writ from BC Supreme Court; The tenant should file a Review Application to the RTB on the basis of landlord fraud and/or inability to attend the original hearing (See '''Section X.E: Review of Arbitrator’s Decision'''). | ||
Similarly, a tenant may make a Direct Request for an order of possession and/or monetary order for outstanding deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit. See [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/tenants-direct-request#:~:text=A%20tenant%20can%20use%20a,of%20their%20deposit(s) Tenant's Direct Request] for more details. | Similarly, a tenant may make a Direct Request for an order of possession and/or monetary order for outstanding deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit. See [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/tenants-direct-request#:~:text=A%20tenant%20can%20use%20a,of%20their%20deposit(s) Tenant's Direct Request] for more details. | ||