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Prepare to apply for a participatory hearing

Last updated on December 7, 2023

A participatory hearing is used to resolve disputes between tenants and landlords. The dispute must be covered under the Residential Tenancy Act or the Manufactured Home Park Tenancy Act.

You can apply for a participatory hearing if you can not resolve a dispute yourself and can not apply for a direct request.

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Confirm your issue is not a direct request

Direct requests are used for issues where the tenancy law is clear. The process is for specific issues, such as returning a security deposit or recovering overdue rent or utilities.

Confirm that your issue does not meet the criteria for a direct request before you apply.

Participatory hearing fee

The participatory hearing application fee is $100. There are some situations when you can apply for a fee waiver.

Fulfill your tenancy responsibilities

Try other ways to resolve the conflict

Before starting a dispute resolution process, take other steps to resolve problems or disagreements.

Notify the other party about the tenancy issue and give them a reasonable amount of time to respond.

If you have a good relationship, coming to an agreement to resolve the issue might be more productive than applying for a hearing.

Try to resolve disagreements by talking it over or get a mediator to help you. Dispute resolution might negatively impact your relationship with the other party.

  • Apply if you've tried to resolve the issue with the other party but it hasn't been successful

Know your responsibilities

Fulfill your responsibilities to respond to the tenancy problem. Landlords and tenants each have different responsibilities in different areas of tenancy.

Some examples of responsibilities that might be related to a tenancy conflict are:

  • Tenants must report any repair issues that need attention to the landlord as soon as possible
  • Landlords must give tenants proper notice before entering the rental unit

To find out about your responsibilities, search the Residential tenancies website for the tenancy topic related to your issue.

When you find the topic, look for the section of the page called:

  • Tenant's role, rights and responsibilities, or
  • Landlord's role, rights and responsibilities

Document what you've done to resolve the conflict

Document your communication about the tenancy issue and the steps you took to fulfill your responsibilities.

Communicate your requests in writing, if possible. This documentation helps you prove your side of the dispute.

Make sure your evidence supports your case

Gather all evidence that might be useful to prove your case for dispute resolution. Make sure your evidence supports your case and will be easy for arbitrators to understand. 

Prioritize your issues

Issues must be related

Keep your application for dispute resolution focused. Arbitrators will usually only hear one issue, or several closely related issues at a single hearing. You can file multiple applications for different issues.

Choose the most urgent issue

When there are many issues in a tenancy, it can be hard to know which issue to focus on.

A good way to decide is to ask yourself:

  • Which issue is most urgent or extensive?
  • Which issue can I best support with the evidence I have?

For example: tenants should always address eviction notices first. If the tenant has received an eviction notice, they should always respond to that first, even if there are other urgent issues, such as needed repairs.

Determine if you are applying or responding

Applying

You are applying if you:

  • Are the first party to apply to the Residential Tenancy Branch about the issue
  • Have not been served a Notice of Proceeding package about the issue
  • Are disputing an eviction notice (also called a Notice to End Tenancy)

During the process, you are considered to be the applicant.

Responding

You are responding to an application if you:

  • Have been served a Notice of Proceeding package by the other party

During the process, you are considered to be the respondent.

Learn about responding to an application.

Check your deadlines

Deadlines for disputing an eviction

If you are disputing an eviction notice, the type of notice and how you were served the notice determines how much time you have to file your application.

General deadlines

You must apply for dispute resolution within 2 years of the end of the tenancy.

If your landlord or tenant has applied for dispute resolution you may make a separate application. Separate applications must be filed before the hearing for the first application. In some situations, this may be after the 2-year deadline.

For example:

A tenant files for dispute resolution one year and 11 months after the end of the tenancy. The hearing is scheduled for 4 months later.

The landlord can file a separate application for dispute resolution until the hearing date. This means the landlord can apply for 2 years and 3 months after the end of the tenancy.

Gather documents to apply for a fee waiver

Be ready to pay or apply to waive the filing fee. The filing fee is $100.

Get support if you need it

If you need help navigating the dispute resolution process, there are various agencies you can contact for help. You can also have an advocate or hire a lawyer.

Prepare for your tenancy relationship to change

Consider that starting the dispute resolution process might change your relationship with your landlord or tenant. Make plans to:

  • Care for yourself
  • Ensure your future safety and security

Next: complete and file the application

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