Appealing an LTB Decision in BC: Tenant’s Guide & Steps

If you've received a decision from the Residential Tenancy Branch (RTB) in British Columbia and believe there was an error, you have options to challenge or appeal it. This guide explains how tenants in British Columbia can request a review of a decision, what forms are needed, timelines, and what to expect during the process. Whether you're dealing with eviction, unpaid repairs, or a misunderstanding of your rights, knowing your appeal options is crucial for protecting yourself.

Understanding Your Options: The Residential Tenancy Branch in BC

The Residential Tenancy Branch (RTB) is the official government body in British Columbia that hears and resolves landlord-tenant disputes. If you've received a decision following a dispute resolution hearing and disagree with the outcome, it's important to know that appeals in BC are handled through a process called 'Application for Review Consideration', not by a traditional appeal court.

Tenants can only request a review of a decision for specific reasons—such as new evidence or a clear error in law or procedure—not simply because they disagree with the outcome.

Who Can Request a Review of a Decision?

Both tenants and landlords have the right to request a review if they believe there is a valid reason. Common qualifying reasons include:

  • The decision-maker made a significant error of law or process
  • New and relevant evidence has come to light that was not available earlier
  • You were unable to participate in the original hearing due to reasons beyond your control

Note: You cannot request a review just because you disagree with the decision. There must be a legitimate procedural or legal reason as set out by BC’s Residential Tenancy Act.[1]

Important Timelines for Filing a Review

Act quickly—time limits are strict. Generally, you must apply for a review of a decision within 2 days of receiving an order of possession (for eviction) or within 5 days for other types of orders. Missing the deadline may mean your request will be refused automatically.

Official Forms & How to Use Them

Key Form: Application for Review Consideration (RTB-38)

  • Form Name: Application for Review Consideration
  • Form Number: RTB-38
  • When to Use: If you believe there was an error or new evidence in your tenancy dispute case
    • For example: If you were unable to attend the hearing due to illness or received new evidence after the decision, this is the form to complete
  • Official Source: Download the Application for Review Consideration (RTB-38)

Return the completed form as instructed (by fax, mail, or in person to an RTB Service BC location). Attach any supporting evidence.

Other Possible Forms & Requirements

  • Proof of Service: In some circumstances, you may need a form to prove you served the review application to the other party. Use the official RTB service forms if requested by the Branch.
  • Be prepared to pay a filing fee (waivers available for low-income tenants—call the RTB for details).
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Step-by-Step: How to Apply for a Review Consideration

  • Identify your reason for the review (error of law/procedure, new evidence, unable to attend)
  • Complete the RTB-38 Application for Review Consideration
  • Attach a clear explanation and supporting documents (if any)
  • Submit the form as soon as possible via the options provided on the RTB website
  • Wait for notice—if your review is accepted, you’ll be notified of a further hearing

For a detailed outline of British Columbia’s tenant rights and dispute procedures, see Tenant Rights in British Columbia.

What Happens Next?

If the RTB accepts your application, you may have to attend a new hearing (in person, by phone, or by written submissions). If the review is denied, the original decision stands. During this time, you must follow all outstanding orders unless specifically told otherwise by the RTB.

Common Reasons to Apply for Review

  • You missed your eviction hearing due to circumstances out of your control
  • The order was made based on evidence you didn't receive
  • Serious procedural mistakes were made in your case

If you’re dealing with issues like rent increases, repairs, or landlord obligations that led to the original dispute, it may be useful to understand your rights regarding Understanding Rent Increases: What Tenants Need to Know and Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

If you are unsure if your situation qualifies for a review, contact the Residential Tenancy Branch’s info line before you file. Good documentation and fast action are key for success.

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FAQ: Appeals & Reviews of LTB Decisions in British Columbia

  1. Can I appeal an LTB (RTB) decision in British Columbia?
    No, but you can request a Review Consideration if you meet certain criteria like procedural errors or new evidence.
  2. Is there a time limit to request a review?
    Yes. You generally have 2 days (eviction orders) or 5 days (other orders) from receiving the decision.
  3. What happens if my review application is accepted?
    The RTB may schedule a new hearing or reconsider aspects of the original decision.
  4. Do I need a lawyer to apply for a review?
    It's not required, but you may seek legal support or advice if you feel unsure about the process.
  5. Where can I get the official forms?
    Forms are available from the RTB website or at Service BC centres across the province.

Key Takeaways for BC Tenants

  • You must act quickly—strict deadlines apply to review applications
  • A strong review application includes specific reasons and supporting evidence
  • Understanding your rights under the Tenant Rights in British Columbia can help protect your interests

Need Help? Resources for Tenants

  1. Residential Tenancy Act (British Columbia Legislation)
  2. How to Apply for Review Consideration – RTB (Official Government Source)
  3. Application for Review Consideration (RTB-38) [PDF]
  4. Tenant Rights in British Columbia

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