A landlord or tenant may receive a order of possession as an outcome of the dispute resolution process. They must serve and enforce the order. A tenant cannot be evicted unless their landlord follows the correct procedure to serve and enforce the order.
If you are the successful party in the dispute, you need to serve a copy of the order to each party named in your original application form.
There are several ways to serve the order. Review methods of service to find out your options.
The Residential Tenancy Branch (RTB) does not enforce orders, only the Supreme Court of British Columbia can enforce an order of possession.
An order cannot be enforced until the review period for an arbitrator’s decision has passed.
If you are a landlord or tenant who has been granted an order of possession, you need to first check with the RTB to find out if the other party has applied for the decision to be reviewed by the RTB.
The other party has 2 days to make this application. If the RTB is closed on the last day of the review period, an application for review can be submitted on the next business day the branch is open.
The way an order is served affects how the review period is calculated. The review period begins once the other party is considered by law to have received the order.
This is called the considered received date.
For example:
If a landlord posted an order of possession on a tenant’s door on March 5, the earliest date the landlord would be able to apply for a Writ of Possession to the Supreme Court would be March 11:
If your tenant or landlord has applied for a review, you need to wait for the the RTB to review the order and decide if any further steps will be taken. You can not apply for a Writ of Possession until this process is complete.
You can apply for a Writ of Possession if:
A Writ of Possession authorizes the landlord to hire a court bailiff to remove a tenant.
Only an authorized court bailiff can legally remove the occupant and the occupant’s belongings from the rental property.
A tenant Writ of Possession varies based on the situation. The court will provide direction to the tenant about accessing the rental unit or property.
Step 1: Get a bailiff
Select an authorized court bailiff firm from the Ministry of Attorney General's list of authorized court bailiffs and contact them to find out:
Step 2: Complete forms and file an application
Complete the forms in the Writ of Possession Package (PDF, 194KB) and file them at a Supreme Court registry.
You also need to swear an affidavit at the court registry.
Step 3: Pay the fees
Pay any necessary fees to the court registry.
Step 4: Notify the court
Give the court registry clerk the name of the bailiff firm you plan to use.
The court registry forwards the original writ of possession to the court bailiff company you hired.
Step 5: Check in with the bailiff
Make sure the court bailiff has the following:
A landlord cannot:
A landlord who illegally evicts a tenant may be fined up to $5,000 and may be required to repay costs incurred by the tenant as a result.
If you are a landlord, you can ask for compensation from the tenant for the costs associated with enforcing a Writ of Possession.
For example, a landlord can recover court bailiff fees or expenses from an incoming tenant for things like:
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: