Guide to RTB-2 Application for Review in BC Tenancy Disputes

Understanding the Application for Review Consideration (RTB-2) Form

If you are involved in a dispute under the Residential Tenancy Act in British Columbia, you may need to submit an Application for Review Consideration using the RTB-2 form. This official document allows tenants or landlords to request a review of certain decisions or orders issued by the Residential Tenancy Branch (RTB). This article provides a comprehensive overview of when and how to use this form, what information it requires, and important points to consider before submitting your application.

When to Use the RTB-2 Form

The RTB-2 form is specifically designed for review requests related to decisions or orders from dispute resolution hearings. It is not intended for contesting administrative penalties, which require a different form (RTB-56). You should consider submitting this form if:

• You disagree with an order or decision issued after a hearing but do not want to reargue the case or challenge evidence already presented.
• You believe there was a procedural error or irregularity that affected the outcome of your hearing.
• You have new, relevant evidence that was unavailable during the original hearing and could materially impact the decision.
• You suspect the decision was obtained through fraud.

It is important to note that simply disagreeing with a decision is not sufficient grounds for a review. Your application must be based on specific grounds, such as procedural errors, new evidence, or circumstances beyond your control.

Key Points for Filing Your Application

Submitting the RTB-2 form involves several procedural steps and requirements:

• You must submit the form either in person at a Service BC Centre that accepts RTB forms or at the Burnaby RTB office.
• A filing fee of $50 is required, or you may apply for a fee waiver if eligible.
• Your application must be submitted within specific deadlines depending on the type of order:
• Within two days for orders related to possession, unpaid rent, or unreasonable denials of sublet or assignment.
• Within five days for disputes involving repairs, maintenance, restricted services, or non-rent tenancy notices.
• Within fifteen days for other types of decisions under the Residential Tenancy Act or Manufactured Home Park Tenancy Act.
• If you cannot meet these deadlines due to exceptional circumstances, you may request an extension by providing supporting evidence.
• A copy of the original decision or order must be included with your application unless it was provided orally.

Completing the RTB-2 Form: Sections and Requirements

The RTB-2 form consists of three main sections:

Section 1: Key Dispute Information

This section requires details such as:

• Whether you are a landlord or tenant submitting the application.
• Your Residential Tenancy Branch file number and dispute access code.
• Your contact information, including email and phone number.
• The date of the original decision or order you are requesting to review.
• The specific type of decision or order (e.g., Order of Possession, monetary order).
• The date you received the decision or order.

Section 2: Grounds for Review

This critical section involves selecting one or more grounds for your review. You must provide a brief explanation for each selected ground, such as:

• Inability to attend the hearing due to unforeseen circumstances.
• New and relevant evidence that could change the outcome.
• Evidence of fraud or procedural errors.
• Late submission of evidence due to circumstances beyond your control.
• Procedural errors made by RTB staff that affected your hearing.
• Technical irregularities impacting the hearing result.
• Unresolved issues or jurisdictional errors in the original hearing.

Section 3: Declaration

In this section, you are required to declare that the information provided is accurate and complete. You must sign and date the form to affirm your submission.

Supporting Evidence and Submission Tips

To strengthen your application, attach all relevant supporting evidence. Do not resubmit evidence already presented at the original hearing unless it is newly available. Ensure all information is legible and complete, including your key dispute details, selected grounds, and declaration.

Remember, your application will not be processed until the filing fee is paid or a fee waiver is approved. Carefully review all instructions and deadlines to avoid dismissal of your request.

Final Considerations

Filing an RTB-2 application is a formal process that requires attention to detail and adherence to deadlines. If you believe your case meets the criteria for review, carefully complete the form, provide supporting evidence, and submit it promptly. For questions or assistance, contact the Residential Tenancy Branch directly or visit a Service BC Centre.