Enforcing an Order of Possession
An order cannot be enforced until the review period for an arbitrator’s decision has passed.
Once the review period is finished and the Order of Possession has not been suspended, a landlord can apply to the Supreme Court of British Columbia to get a Writ of Possession. This authorizes the landlord to hire a court bailiff.
Only an authorized court bailiff can legally remove the occupant and the occupant’s belongings from the rental property
Follow these steps:
- Select an authorized court bailiff firm from the Ministry of Justice list of authorized court bailiffs and contact them to find out more about the process as well as any associated costs
- File an application with the Supreme Court – complete the forms in the Residential Tenancy Act - Writ of Possession Package (DOC) and file them at a Supreme Court civil registry
- Pay any necessary fees to the Supreme Court of British Columbia for issuing a Writ of Possession and swearing an affidavit at the court registry
- Give the court registry clerk the name of the court bailiff firm you plan to use
- The court registry will forward the original Writ of Possession to the court bailiff company you hired
- Ensure the court bailiff has the deposit, a copy of the Writ of Possession and any other required information
Recovering costs: The landlord can seek compensation from the tenant for the costs associated with enforcing a Writ of Possession – for example, court bailiff fees or expenses from an incoming tenant for things like alternate accommodation, meals, moving or storage. The Writ of Possession gives the court bailiff the authority to seize, store and sell the tenant’s possessions in order to recover the landlord’s costs. If the value of the tenant’s property is too small to cover all the costs, the landlord may:
- File and serve a Small Claims Notice of Claim
- Apply to the Residential Tenancy Branch for dispute resolution
- See the flowchart for enforcing an order of possession (PDF)
The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: July 7, 2016.