For landlord or tenant, the dispute resolution procedure at the Residential Tenancy Branch offers advantages over other court proceedings. While it can be stressful, it can be quick, simple and inexpensive. The hearings are conducted by telephone and are often completed in 40 minutes. In many cases the parties handle the matter without a lawyer.
Problems arise when a case is difficult to prove. The common errors are no receipts for rent payments, no condition inspection report, oral communications between tenant and landlord rather than in writing by email and not using the forms required by the Residential Tenancy Act. Disorganized record keeping is a hindrance to success. Sometimes a problem is the aggressive manner of the other party.
Hearings follow an inquisitorial procedure. This means that the arbitrator asks questions because he or she will have read the submissions before the hearing. This shortens the proceedings considerably. The arbitrator tries to clarify points while at the same time the arbitrator gives the parties an opportunity to tell their sides of the story.
Having well organized submissions is vital. A lengthy, rambling jumble of facts is not persuasive. Well indexed documents are helpful.
There is a wide variety of cases that go to a hearing. There can be noise issues, a tenant’s complaint about poor living conditions, the landlord’s need for the premises, a tenant’s disturbing behaviour, damage to the premises, smoking and rent issues.
One of the unique features of hearings is the option during the hearing for a settlement to be reached. This is very unlike Supreme Court. The arbitrator can ask the parties if there is a halfway point that can be reached with respect to a move out date or a dollar amount. When this occurs, the arbitrator’s decision is a summary of the settlement terms. Sometimes a settlement is a best way out when the arbitrator gives an indication of problems in the evidence of one or both of the parties.
When there is no settlement the arbitrator will produce a decision and an order. An order of the Residential Tenancy Branch is as enforceable as a Supreme Court order. It has to go through a couple of steps however, before it can be presented to a bailiff. It must be entered in Provincial Court and then in Supreme Court. Once that is done for an eviction, a bailiff is authorized to enforce it by attending at the residential premises and removing items inside.
An Application for Dispute Resolution is a serious matter, since claims can be awarded as high as $35,000. It is best to consult a lawyer at the beginning to determine next steps and whether a lawyer’s assistance is required in the background or for a greater level of involvement.