After the Hearing
The arbitrator will make a decision and copies will be mailed to all parties within 30 days of the hearing – this decision is final and binding.
An arbitrator bases their decision on the:
- Facts specific to each case
- Information presented by both the landlord and tenant
- Law and legal precedent
Each hearing has a unique set of testimony and evidence. That means each hearing will have its own outcome – the arbitrator might not make a decision that’s similar to other decisions made in the past.
An arbitrator may make minor corrections or may clarify the decision. An arbitrator’s decision can only be overturned if a review hearing has been granted and the new arbitrator comes to a different conclusion or on judicial review by the Supreme Court of British Columbia.
Evidence should not be sent in after the hearing unless the arbitrator has specifically requested it. The arbitrator can’t consider evidence submitted after the hearing is over.
After a hearing decision is made, the Residential Tenancy Branch will provide enough copies of signed, original orders to the successful party – they are enforceable in the Provincial Court of British Columbia (Small Claims) or the Supreme Court of British Columbia. The Residential Tenancy Branch does not enforce orders.
The Residential Tenancy Branch will only consider imposing an administrative penalty in the most serious, repeated cases where a landlord or tenant:
- Has not obeyed arbitration orders
- Has acted against the Residential Tenancy Act or the Manufactured Home Park Tenancy Act
The Residential Tenancy Branch will consider the seriousness of the matter, how often it happened, what efforts were made to correct it and any financial benefit gained from the disobedience. Those facing administrative penalties will have an opportunity to review evidence against them and respond before a decision is made.
The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: September 23, 2017.