When a tenant receives a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities, they have five days to either pay the overdue amount or dispute it. If the tenant does nothing, landlords have an alternative option to get an Order of Possession. This is called a Direct Request.
In this type of proceeding, an adjudicator considers a landlord’s application for possession of a rental unit. The hearing is based only on the landlord’s written evidence – verbal testimony from any party is not included.
A landlord can use a Direct Request to claim for an Order of Possession when a tenant hasn’t paid their rent or utilities and a Monetary Order for unpaid rent or utilities.
How to Apply
In order to apply for a direct request, the landlord must first make sure the 10 Day Notice to End Tenancy for Unpaid Rent or Utilities is not:
- Cancelled: If the tenant pays all overdue rent or utilities within five days of receiving the notice
- Suspended: If the tenant applies for dispute resolution to cancel the notice within five days of receiving it – the landlord may file a cross-application for dispute resolution
Then the landlord can submit an online application for dispute resolution or submit an Application for Dispute Resolution by Direct Request (PDF, 2.0MB) in person at a Residential Tenancy Branch office or Service BC location.
The landlord must submit the following documents with their application when applying in-person or by fax when using the online application (applications without these documents will be scheduled for a regular hearing):
- A copy of the Direct Request Worksheet (form RTB-46)
- A copy of the 10 Day Notice to End Tenancy for Unpaid Rent or Utilities which includes the Direct Request explanation
- A copy of the Tenancy Agreement
- A completed Proof of Service Form Notice to End Tenancy (PDF) along with a registered mail receipt or written receipt signed by the tenant or witnessed by another person confirming the notice was served
- When payment for utilities is required, a copy of the written demand informing the tenant of the amount and due date, a copy of related utility bills, and proof of service of the written demand for utilities
- If rent has increased since the tenancy began, a copy of all Notices of Rent Increase
- Any other documents that support the application
After You’ve Applied
The Residential Tenancy Branch reviews the application and, where appropriate, prepares a proceeding package the same day. The package includes information for the tenant as well as a proof of service form for the landlord to submit to the Residential Tenancy Branch once they have served the package to the tenant. The landlord must provide copies of all supporting evidence in the package for the tenant.
The landlord must:
- Pick up the package or print it when it is ready
- Serve the package to the tenant within three days, including the Notice of Direct Request Proceeding, the Application for Dispute Resolution by Direct Request and all supporting evidence
- Complete the Proof of Service of Notice of Direct Request Proceeding Form (provided by the Residential Tenancy Branch with the package) as evidence of how and when they served the package to the tenant
- Submit the Proof of Service to the Residential Tenancy Branch by faxing it to the number provided in the package or submitting it in person to a Residential Tenancy Branch office or Service BC location
An arbitrator considers the application and documentation and makes a decision. The arbitrator’s decision is final and binding.
The arbitrator may:
- Grant an Order of Possession along with a Monetary Order, if the landlord requested it, for any unpaid rent or utilities
- Schedule a participatory hearing to provide both parties with an opportunity to present evidence
- Dismiss the application with or without an opportunity to reapply for dispute resolution under the same 10 Day Notice to End Tenancy
The decision and order(s) (if applicable) are mailed to the landlord. If requested, the material can also be faxed. Just the decision is mailed to the tenant.
The landlord must serve the Order of Possession and Monetary Order, if one is granted, to the tenant. If the order(s) are served and the tenant doesn't move out and/or pay the money owing, the landlord may enforce the order(s) through the court system. An order can’t be enforced until the review period has passed.
When the Tenant Disagrees
If there is evidence that the landlord obtained an Order of Possession by submitting false information, a tenant can apply to have a decision reviewed. The application must be made within two days of receiving the order.
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 14, 2016.