Resolve Tenancy Disputes with Direct Request Process

Understanding the Landlord's Application for Dispute Resolution by Direct Request (Form RTB-12L-DR)

If you are a landlord in British Columbia and need to resolve a dispute with a tenant related to a 10-day notice to end tenancy, the Residential Tenancy Branch offers a specific process called the Direct Request Process. To initiate this process, you must complete the official Landlord's Application for Dispute Resolution by Direct Request, identified by the form code RTB-12L-DR. This article aims to guide you through the purpose of this form, who should fill it out, how to complete it correctly, and important tips to ensure your application is processed smoothly.

What is the purpose of this form?

This form is used by landlords seeking resolution for disputes specifically related to a 10-day notice to end tenancy. It allows landlords to request an order of possession to have the tenant move out of the rental unit. The process is designed to be a quicker alternative to formal hearings, focusing on disputes where the landlord has served a valid notice to end tenancy and the tenant has not vacated within the specified period.

Who should fill out this form?

• Landlords who have served a 10-day notice to end tenancy and are seeking an order of possession.
• Landlords must confirm that the tenant still resides in the rental unit and that the dispute relates directly to the notice served.
• This form is only applicable if the dispute involves a 10-day notice; if the tenant no longer lives in the unit or if the dispute is unrelated, other forms should be used.

How to complete the form correctly

Filling out the RTB-12L-DR accurately is crucial for your application to be processed without delays. Here are key steps:

Section 1: Key Dispute Information

• Indicate whether your dispute relates to a 10-day notice and whether the tenant still resides in the unit.
• Describe the rental unit: whether it is a home, suite, apartment, or a site in a manufactured home park.
• Answer whether the tenant owns the manufactured home if applicable.

Section 2 & 3: Applicant and Respondent Details

• Provide full names, contact information, and addresses for both the applicant (you, the landlord) and the respondent (tenant).
• Specify how you prefer to receive notices about the dispute resolution process.

Section 4: Direct Request Claims

• Select the specific orders you are requesting, such as an order of possession for the tenant to vacate.
• Ensure you include all necessary supporting documents, such as a copy of the 10-day notice served to the tenant, proof of service, and the tenancy agreement.
• Complete the Direct Request Worksheet (RTB-46) to detail any rent or utility arrears.

Documents to Attach

To support your application, you must include:

• A copy of the 10 Day Notice to End Tenancy (#RTB-30).
• A copy of the Proof of Service Notice to End Tenancy and Written Demand to Pay Utilities (#RTB-34).
• A copy of the Direct Request Worksheet (#RTB-46).
• The signed tenancy agreement (RTB-1) and all addendums, clearly showing the rent due date.
• If applicable, copies of notices for rent increases, receipts for rent paid after the notice, and demand letters for utilities.

Submitting Your Application

Applications can be submitted either in person or online:

• In person: at a Service BC Centre that accepts RTB forms or at the Burnaby Residential Tenancy Branch office.
• Online: via the official government website at https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/direct-request-process#apply

Note that there is a $100 filing fee required when submitting your application. The fee must be paid before the process proceeds, unless you have applied for a fee waiver.

Important Tips and Common Errors to Avoid

• Ensure all information is complete and legible: incomplete or unclear forms will delay processing.
• Attach all supporting documents: missing documents may result in rejection or delays.
• Check dates carefully: all dates on submitted documents must be consistent, especially the service dates and the notice period.
• Use the correct form: do not submit this form if your dispute does not relate to a 10-day notice or if the tenant no longer resides in the unit.

Final Considerations

Completing the RTB-12L-DR form correctly and thoroughly is essential to initiating the dispute resolution process efficiently. Always keep copies of all submitted documents for your records. If you are unsure about any part of the process, consider consulting the Residential Tenancy Branch or a legal professional familiar with tenancy laws in British Columbia.