Residential Tenancy Branch Hearings
Attending a Residential Tenancy Hearing can be a difficult process for Tenants and Landlords. A hearing with the Residential Tenancy Branch is about providing information and facts to an adjudicator who makes a decision based on that information.
Filing for a hearing requires owners and tenants provide evidence detailing the reason for the hearing. The hearing will begin with the adjudicator confirming details, including who is in attendance, what the terms of the tenancy are and the reason for the hearing. After all the information evidence has been provided and reviewed a decision will be rendered.
When attending hearings it’s important Landlords control their emotions during the process.
I advise clients only answer questions they are asked, don’t volunteer details and stick to providing facts. Adjudicators will make a decision based on the facts of the tenancy, and owner and tenants responsibilities as required by law. Unsuccessful hearings by Landlords are often a result of owners having difficulty keeping their emotions in check when tenants make statements. Landlords must understand how this process works, remain calm, don’t over react and eliminate emotion.
A hearing can result in multiple different decisions. It could be a hearing requesting a monetary order, by the owner against the tenant or by the tenant against the owner. A tenant could request a hearing requesting a decision forcing the owner to complete specified repairs. Owners can initiate hearings for eviction based on unpaid rent, or damage being caused to the rental unit or multiple other reasons outlined in the Residential Tenancy Act.
After the hearing a decision will be rendered and both parties will be given a copy of the decision. The decision will outline how the adjudicator came to the result, based on the information provided. It will also outline a process for the actions required. For a monetary order the decision will specify the amount owed and a time frame when the money must be paid to the other party. A hearing requesting eviction could result in an order of possession being granted to the Landlord. We will review orders of possession in an upcoming post. Managing all stages of the tenancy will prevent a tenancy ending up in a hearing.
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
