If you are a tenant and have a complaint, you can file an appeal with the Landlord Tenant Board. This will allow you to resolve the issue without going to court. However, you have to follow certain steps to prepare yourself for a hearing.
Common law respecting landlords and tenants applies in British Columbia
The common law of equivalence of the landlord and tenant is a fact of life in BC. While the province is known for its plethora of glitzy resorts, its most mundane residents are as equally as gregarious as their more affluent counterparts. In short, if you’re in the market for a new place to call home, you’ll find it a bit difficult to go from one end of the spectrum to the other without a kink in your hair. One of the first things you should do is to figure out who you are dealing with. This will go a long way toward establishing a smooth and productive rapport a deux.
Dispute resolution process
There are several ways for landlords and tenants to resolve disputes. In some cases, the dispute resolution process is as simple as writing a letter to the landlord. For others, there is a more formal process that involves the use of an arbitrator. The Residential Tenancy Branch (RTB) is the government agency responsible for resolving disputes between tenants and landlords in British Columbia. It can help to understand how the dispute resolution process works before applying.
Before deciding to go to arbitration, tenants should do some research on the rules and procedures. Researching similar cases can help them get a better idea of what evidence to include in their application. They should also determine whether the RTA’s rules apply to them.
Typically, parties must provide evidence seven days before a hearing. Applicants can submit an application online or through a Service BC office. Applicants will be required to pay a $100 filing fee.
The Landlord and Tenant Board will contact both parties to set up a hearing. The hearing can take place in person or by phone. If the hearing is held in person, the landlord will present their side of the case while the tenant will have an opportunity to ask questions.
Depending on the type of dispute, there may be multiple applications heard at one time. Applicants can expect a decision within thirty days of the hearing. However, waiting times for dispute resolution vary from year to year.
During the process, the parties can bring witnesses to prove their claims. The arbitrator can make a legally binding decision. At the end of the hearing, the parties will receive the arbitrator’s decision.
To get an idea of what to expect at a dispute resolution hearing, read the Landlord Tenant Board’s Hearing Guide. You can also visit the RTB website for more information. This website includes a list of forms, including the tenant and landlord forms, as well as a downloadable PC program. Also, the website has links to other helpful sections.
Generally, the dispute resolution process is similar to court proceedings. However, there are some important differences. Ultimately, the dispute resolution process is an effective way for landlords and tenants to resolve disputes without going to court. Nevertheless, it can be time consuming.
Onus of proof
In a nutshell, the onus of proof is on the applicant. The onus of proof is an important if not vital component of any legal proceeding. This is true in the context of a landlord-tenant dispute. For example, a landlord may file an application with the Board of Rent Review requesting that a tenant be evicted. However, the Board may refuse to grant the request.
In the context of a contested eviction, the onus of proof is usually on the tenant. While the Board may decide to postpone enforcement, that does not mean the tenant will never be evicted. A board order often provides the tenant with the required number of days to pay the arrears and any termination costs.
The onus of proof is a big deal in the context of the eviction process. The RTA has a few provisions aimed at curbing unfair evictions. One example is the Guideline on “Relief from Eviction”.
To be honest, the onus of proof in a contested eviction is on the tenant. It is also the landlord’s responsibility to follow the applicable regulations. There are also certain requirements for a landlord to file an application with the Board.
Most legal disputes are settled without the assistance of a lawyer. Those requiring the services of a solicitor can either hire one from a local law firm or search the internet for a free online resource. Using CanLII, a popular legal research tool, users can sort through the various cases and filter by jurisdiction. You can also set alerts to monitor cases as they arrive.
Besides the onus of proof, a tenant may be evicted for a variety of reasons. For example, the tenant may be found to be engaging in an illegal business. Another reason for a tenant to be evicted is that the tenant has failed to make a rent payment. Similarly, the landlord may be evicted for an unrelated reason.
The onus of proof is an essential element of the eviction process. If it is not, the outcome can be devastating. The onus of proof is often the most powerful weapon in the arsenal of a tenant wishing to protect his rights.
Preparing for a hearing
If you have an eviction or rental dispute, you’ll need to prepare for a Landlord and Tenant Board hearing. You’ll need to bring all the documentation you need. Depending on the details of your case, you may be asked to attend the hearing with a representative.
The Ontario Landlord and Tenant Board, operated by the government, is responsible for hearing disputes between landlords and tenants. This agency is meant to improve the quality of dispute resolution services offered to Ontarians.
A Landlord and Tenant Board hearing can take place in a physical location or over the phone. If it’s a phone hearing, both parties must make a conference call on the date and time provided in the notice of hearing.
There’s also a written submission option. These are optional, but can help you create a better understanding of your case.
In addition to serving your written submission, you will need to serve the opposing party with a copy. Make sure your personal identifiers are redacted on all documents for court.
When you go to a hearing, you will need to bring any witnesses. You’ll have to identify them as individuals or as part of a corporation or partnership. If your witnesses are not lawyers, you’ll need to ask them to read over their testimony.
Before you leave for the court, make sure you bring copies of any emails, photos, or other electronic documents. Print them out and give them to the court.
You should have an outline of your case. This should include the key facts of the situation, as well as the relevant laws. It should be brief, without unnecessary details.
Having a prepared outline can help you understand the legal issues and prepare questions for the witnesses. Your attorney may be able to help you prepare for the hearing.
Taking care of these preparations will ensure you have a better chance of winning the hearing. Keep in mind that even with a good outline, you won’t be able to win the hearing if you don’t have evidence. Bringing everything you need to prove your case can help you get the results you want.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.