Residential Tenancies Branch

Hearings - When the Branch Decides a Hearing is Necessary

s. 154, The Residential Tenancies Act

Definitions

Hearing: a meeting where a claimant and respondent present information about their case to an officer to have their claim, application or question decided.

Mediation: a confidential process that the Branch uses to encourage and help claimants and respondents discuss problems, think of possible solutions and reach their own agreements. Mediation can take place in meetings, conference calls or separate telephone conversations.

If a tenant or landlord wants the Branch to decide an issue, the Branch may ask them to submit a request in writing for a determination. The request should set out the specific question or questions to be answered.

The Branch tries to mediate most disputes that arise between a tenant and landlord. If the Branch can’t mediate, it may call a hearing to decide the issue.

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The Branch may hold a hearing if:

• a tenant and landlord can’t agree on the amount of moving expenses a tenant may be entitled to receive;

• the Branch needs more information to decide a claim that is less than or equal to the amount of security deposit; or

• a landlord or tenant has asked the Branch for a decision on a complicated or unusual dispute.  For example: A tenant asks the Branch to determine if the landlord has met their obligation to investigate the tenant’s complaint about another tenant.

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A landlord and tenant may bring evidence or witnesses to a hearing to support their position.

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There is no filing fee for this type of hearing.

Procedure

Overview   

The Branch receives a request from a landlord and tenant to decide an issue. A mediation officer tries to help the landlord and tenant reach an agreement. If there is no agreement, the officer may schedule a hearing to decide the matter. In some cases, after reviewing a file, an officer may decide that a hearing is necessary to resolve an issue.

Steps ▼   

1.   The officer encourages the tenant and landlord to share information, and       to discuss the problem, to try to come to an agreement.

2.   If mediation isn’t successful, the officer advises the landlord and tenant       there will be a hearing. The officer confirms the mailing addresses for the       landlord and tenant and advises them to expect a letter about a hearing.

3.   The officer sends letters to the landlord and tenant, advising them to       attend the hearing.

4.   If either the landlord or tenant chose not to attend, the hearing goes       ahead. A hearing officer hears information from the person(s) attending,       and reviews information on file. The officer makes a decision based on all       available information, and mails an Order to the tenant and landlord.

5.   If no one attends the hearing, the officer might make a decision based on       the available information and send an Order or decision to the landlord       and tenant or the office might close the file.

Forms & Form Letters

X-Referencing

For more information on hearings, see General Information in this section.
For details on mediation, see Section 1.
For further information on claims, see Claims, in Section 9.

Policy Developed

September, 1992

Last Revision

August, 2015

Other Resources

None

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