An order is a set of instructions issued by an adjudicator or arbitrator that must be followed, by law. If necessary, the B.C. courts can force someone to follow what is instructed in an order.
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The Residential Tenancy Branch (RTB) does not serve or enforce orders.
If you are the successful party in a dispute resolution, the RTB will provide you with the order and you are responsible for serving it to the other party.
“Serving” means you must deliver a copy of the order to each person named in the order to ensure they understand what is required of them.
The order is final and binding and the other party must pay.
An order cannot be enforced until the review period for an arbitrator’s decision has passed.
At the end of a dispute resolution process, the arbitrator or adjudicator may issue an order as part of their decision. There are two main types of orders that the RTB may issue: an order of possession, or a monetary order.
An order of possession says that the successful party regains possession of the rental property.
Learn how to serve and enforce an Order of Possession.
A monetary order says that one person must pay a specific amount of money to another person.
Learn how to serve and enforce a Monetary Order.
If you are the successful party in a dispute, you are responsible for serving the order to the other party. “Serving” means you must deliver a copy of the order to the other party to ensure they understand what is required of them and they have enough time to respond. There are different methods of service.
If you are served an order, you must act promptly. If you think there is a problem with the RTB decision, you may request a correction, clarification, or review. Otherwise, you are required to comply with the order and do what it says. If you do not comply within the time allowed, the person who served you can go to court to have the order enforced.
Once an order has been served and received, and the review period (15 days) has closed, there will be a specific amount of time for the recipient to follow the instructions. Following the instructions willingly is the easiest course of action for everyone involved.
If you have served an order, and the tenant is not complying, you are not legally allowed to enforce the order. Only a B.C. court can enforce an order. This means it is illegal for you to:
A landlord who illegally evicts a tenant may face a penalty of up to $5,000 and may be required to repay costs incurred by the tenant as a result.
For monetary orders, it may be acceptable in some situations to deduct the amount of the order from rent or from a security deposit. The landlord can only deduct from a tenant’s security deposit if the tenancy is over and the tenant has not paid the amount they are required to pay.
If you fail to comply with an order and the other party requests court enforcement, you may end up being responsible for paying some of the costs of enforcement.
An order of possession can only be enforced by the B.C. Supreme Court, which can issue a Writ of Possession. An eviction can only be carried out by an authorized court bailiff, and only after the writ has been issued.
A monetary order can be enforced by small claims courts. The court can help you obtain money by various means including wages garnishment, asset seizure, or registration against land. Contact the nearest court registry to confirm the requirements specific to your case.