Read Fact Sheet RTB-108 text version

Landlord and Tenant Fact Sheet

Enforcing a Monetary Order

s. 84 & 85 Residential Tenancy Act and s. 77 & 78 Manufactured Home Park Tenancy Act

RTB-108

An arbitrator's order is final and binding. A monetary order may be enforced in the Provincial Court of British Columbia (Small Claims), unless it has been suspended under the Residential Tenancy Act or the Manufactured Home Park Tenancy Act. The Court establishes the procedures for enforcing the Order.

By leaving a copy in the person's mailbox By attaching it to the person's door By fax

If you go to court, you may need to prove you have served the order. It is your responsibility to satisfy the Court that the order was properly served in a way recognised by the RTA or MHPTA. See RTB#21 Confirmation of Service of Monetary Order for Enforcement in Provincial Court

Serving the order

When you receive an arbitrator's order, you will generally receive at least three (3) original orders ­ one for your records, one for the Court, and one for each person named in the order. An original (or a true copy) must be served to each respondent named in the order. Along with the Order, give the respondent a letter clearly stating a reasonable time for when payment must be made, the form of payment you will accept, and where you expect payment to be delivered. If you later have to take the respondent to court for enforcement of the order, this letter will show the efforts you made to collect the payment on your own. The Residential Tenancy Act (RTA) and the Manufactured Home Park Tenancy Act (MHPTA) allow you to serve an order obtained through the dispute resolution process by: Leaving it with the person named on the order By leaving it with an agent of the landlord, if the order names the landlord By sending it by regular or registered mail By leaving it with an adult who apparently resides with the person

Review of the order

s. 79 RTA and s. 72 MHPTA

Under the Residential Tenancy Act or the Manufactured Home Park Tenancy Act, a respondent has fifteen (15) days from receiving the order to file for a review but an arbitrator may extend that deadline. Although an application for a review does not automatically suspend the order, the order cannot be enforced until the review period has passed. Unless the order is suspended, it may be filed for enforcement at any time after the review period, subject to any requirements of the Court.

Enforcing the order

To enforce an order you must register it at the Small Claims Court Registry. Take an original order and the completed Certificate of Service to the court registry office nearest to the disputed address (requirements at each registry may vary; please contact the office nearest you). Before filing, contact the Residential Tenancy Branch to see if the other party has applied for a

Residential Tenancy Branch Office of Housing and Construction Standards #RTB-108 (2012/04)

Enforcing a Monetary Order review consideration or the order has been suspended. Be prepared to provide the Court with as much information as you can about the respondent, such as where the person lives, works, banks, etc., along with any proof of service of the order, such as a receipt for registered mail from Canada Post. There are fees involved for filing and these fees may be added to your court claim. For the address of the nearest Small Claims Court: Check the blue pages of the phone book, under Provincial Government listings for the Ministry of Attorney General, Courts, or Visit the B.C. Government Web site www.gov.bc.ca and type "court services" in the search bar, or Call Enquiry BC at 1-800-663-7867.

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For more information...

Office Locations: Burnaby: 400-5021 Kingsway Victoria: 101 ­ 3350 Douglas Street Any Service BC-Government Agents Office Hours: 9:00 am ­ 4:00 pm, Monday - Friday (Closed on government holidays) Public Information Lines: 1-800-665-8779 (Toll free anywhere in BC) Vancouver: 604-660-1020 Victoria: 250-387-1602 Email: [email protected] Website: www.rto.gov.bc.ca

Enforcing a Monetary Order

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Enforcing a Residential Tenancy Branch (RTB) Monetary Order Checklist

Step 1: Serve the Order Serve an original (or true copy) of the arbitrator's order on each respondent named in the order Complete a Certificate of Service for each respondent stating the date and place they were served with the arbitrator's order Attach confirmation of delivery from Canada Post for service by registered mail (Please note: If service cannot be effected as ordered and/or provided for, then an application for substitution service under the Residential Tenancy Act can be made to the arbitrator.) Step 2: Check for a Review or Suspension Wait 15 days after service was completed to allow for the respondent to request a review or suspension (if you served the order by mail, wait 20 days after mailing the letter) Contact the Residential Tenancy Branch to determine that none of the respondents have requested a review or that the order has been suspended Step 3: Register the Order at a Provincial Court Small Claims Registry Take an original (true copy) of the arbitrator's order to a British Columbia Provincial Court Small Claims registry for filing and enforcement Provide completed Confirmation of Service of Monetary Order for Enforcement in Provincial Court (RTB#21) Provide any other information or material that the Court requires Pay the required filing fee Choose a method of enforcement and complete the necessary documentation relating to the particular enforcement proceeding provided by the Court

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Fact Sheet RTB-108

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