Understanding the RTB-38 Request for Clarification Form

Understanding the Request for Clarification Form (RTB-38) from the Residential Tenancy Branch

If you are involved in a dispute related to a residential tenancy in British Columbia, you may find yourself needing to clarify a decision or order issued by the Residential Tenancy Branch (RTB). The official form designated for this purpose is the Request for Clarification (RTB-38). This document allows either landlords or tenants to seek a clearer understanding of a decision, order of possession, or monetary order issued by the RTB.

What Is the Purpose of the RTB-38 Form?

The RTB-38 form serves as a formal request to the Residential Tenancy Branch to explain, interpret, or provide additional details about a decision or order. It is important to note that this process does not permit the RTB to change or overturn the original decision; it only allows for clarification. This can be particularly useful if a party feels that the reasoning behind a decision was unclear or if they need a better understanding to determine their next steps.

Who Should Fill Out the RTB-38?

This form should be completed by either the landlord or the tenant involved in the dispute. If you represent one of these parties, you must have the authority to submit the request. Both parties have the right to seek clarification, provided they do so within 15 days of receiving the decision or order. It is essential that the request includes a copy of the original decision or order to ensure proper processing.

How to Complete the RTB-38 Form

Section 1: Requester Information

• Identify yourself: Check whether you are the landlord or tenant, or if you are a representative.
• File Number and Dispute Access Code: These identifiers are found on the original decision or order.
• Contact Details: Provide your full name, email address (recommended), and phone number. Indicate your preferred contact method.
• Address: Include the site or unit number, street address, city, province, and postal code.

Section 2: Clarification Details

• Document(s) seeking clarification: Specify whether it is a decision, order of possession, or monetary order.
• Date received: The date you received the original decision or order.
• Date of the decision/order: The date on the original document you are seeking clarification for.
• Clarification request: Clearly describe what you need explained or better understood and why it is important.

Submitting the Form

The completed RTB-38 form must be submitted in person at a Service BC Centre that accepts RTB forms or directly at the Burnaby Residential Tenancy Branch office. There is no fee associated with submitting a Request for Clarification. When submitting in person, ensure you bring a copy of the original decision or order. The RTB recommends keeping copies of all documents for your records.

Important Considerations and Common Errors

• Timeliness: Requests must be received within 15 days of the receipt of the original decision or order.
• Complete documentation: Failing to include the original decision or order can delay the process.
• Accuracy: Ensure all information provided is truthful and complete. Providing false or misleading information is a legal offense.
• Signature and date: The request must be signed and dated by the person making the request or their authorized agent.

Additional Resources and Contact Information

For more information about the Request for Clarification process, visit the official website of the Residential Tenancy Branch at www.gov.bc.ca/landlordtenant/review. If you have questions about personal information collection or need assistance, you can contact the RTB via phone or email, with specific contacts provided for Greater Vancouver, Victoria, or elsewhere in British Columbia.

Remember, the RTB's role is to clarify decisions, not to modify them. If you require a different form of review or appeal, explore other options provided by the Residential Tenancy Branch or consult legal advice.