Enforcing an order of possession

Renting a property you own can be very emotional, and sometimes Landlords have a difficult time separating emotions about their property when dealing with tenants.

One of the more emotional situations in property management is enforcing an order of possession. An order is obtained from the Residential Tenancy Branch after a dispute hearing between the Landlord and tenant. Landlords can file for orders of possessions for many reasons, non payment of rent is the most common. After the two parties have attended a hearing at the Residential Tenancy Branch a decision will be provided by the adjudicator and the decision will outline if an order of possession is granted.  

After receiving the order of possession the Landlord must deliver the notice of the order to the tenant, in accordance with the Residential Tenancy Branch requirements for delivery of notices. The order of possession will advise the tenant they must move out within a specified time after receiving the notice, or a particular date. When tenant’s fail to move out at the specified time or date, a Landlord must enforce the order in the BC supreme court inorder to have the tenants vacated from the rental property.                                           

Before filing a writ in the courts, Landlords must confirm with the Residential tenancy branch that the tenant hasn't filed for a review of the order. If the tenant hasn’t filed for a review the Landlord will file a writ in BC Supreme court. Upon filing the writ a Landlord must use an authorized court bailiff to enforce the order. Only a court bailiff has the authority to remove a tenant from a property. 

It is important for Landlords to remove the emotions and follow the process when enforcing the order. A tenant may request more time, or make other requests to delay moving from the property. Using a property manager can help remove the emotions of the eviction and enforcement of the order of possession. It isn’t an easy process to remove a person from their home, though there are times when it is required. Landlords and tenants understand by the time the parties reach the point of an order of possession being granted multiple steps would have been taken to prevent the situation from reaching this point.

Need assistance managing your rental property, Cartref Properties can help you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com