Solving Your Tenancy Issue

The Banff Apartments

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.

Common Strata Property Issues

Dense west end apartments from Burrard Street Bridge

Clients who live in properties that are part of a strata corporation (“strata”) frequently encounter issues with their neighbours, their strata council, and the application of strata bylaws. Here are some general tips for addressing the most common issues faced by strata owners and residents:


Strata fines or sues you

When strata council concludes that an owner or tenant has breached a Strata bylaw, it may fine the owner to deter the owner or tenant from committing that breach. It may charge the owner for the expense of repairing or replacing damaged property, and otherwise addressing the subject of that breach.

After issuing a fine, Strata must give the owner or tenant at least two weeks’ notice of its payment demand and intention to sue if the owner does not pay. If an owner fails to pay in time, Strata Council may start a proceeding in the Civil Resolution Tribunal or Small Claims (Provincial Court) to collect the monies claimed. If the owner challenges the claim, the Strata Corporation will have to prove the bylaw breach.

Water damage to your unit 

Water damage is a problem many owners must deal with at some point during their tenure in a Strata building. Although a common issue, it can be complex to resolve. It usually requires a review of the strata bylaws, and often requires hiring a professional to assess the cause of the damage and estimate the cost of repairs.

Both owners and strata corporations should both take care when undertaking repairs in a unit, as they should pay for only those repairs for which they are responsible. Strata will need to find authorization in the strata bylaws to proceed with a repair, and owners or tenants who seek to undertake repairs should review the bylaws and get prior written approval of the scope and price of repairs from strata before repairing anything that may be strata’s responsibility.

Keeping a pet

 Strata corporations frequently enact bylaws that limit the number or size of pets that may be kept in a strata unit or that prohibit residents from keeping pets in their units.

 Owners who already had pets in their unit when a restrictive bylaw was passed are typically able to continue to keep pets in their units, as their right to do so is “grandfathered in” under the newly amended bylaws.

When an owner has a documented medical or psychological need for a pet (e.g. for visually impaired persons or those benefitting from a companion animal), such an owner may challenge a strata bylaw preventing or restricting pets in units by filing a complaint at the Human Rights Tribunal.

Renting out your unit

Although many strata corporations impose rental prohibitions or restrictions, the Strata Property Act sets out certain exceptions that enable owners to rent out their units despite restrictions or prohibitions in the strata’s bylaws.

The most common exceptions are when an owner rents out the unit to a close family member (e.g. a child, parent, or spouse of the owner), and when an owner can prove that being prevented from renting out the unit will cause the owner hardship. Sometimes none of the exceptions will apply. However, strata still needs to have a legally enforceable bylaw in order to impose rental prohibitions or restrictions on owners.

A lawyer can help you understand what your rights are, what your bylaws require, and what options you have in dealing with problems that arise when living in a strata property.